Can the Caption By Hyatt Franchise Agreement be executed and delivered via electronic transmission?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement may be executed in separate counterparts, each of which, when fully executed, shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered via electronic transmission (including PDF) with the same force
and effect as if it were executed and delivered by the Parties simultaneously in the presence of one another. This Agreement may be amended only by a written or electronic instrument signed by the parties hereto.
Source: Item 23 — Receipts (FDD pages 85–349)
What This Means (2025 FDD)
Yes, according to Caption By Hyatt's 2025 Franchise Disclosure Document, the franchise agreement can be executed and delivered via electronic transmission. Specifically, the document states that the agreement may be executed and delivered via electronic transmission, including PDF. This method has the same force and effect as if both parties were physically present and signing the document simultaneously.
This clause provides flexibility and convenience for both Caption By Hyatt and the franchisee, as it removes the necessity for in-person signing or traditional mail delivery of the agreement. It streamlines the process, potentially saving time and resources for both parties. The inclusion of PDF as an acceptable format ensures compatibility and ease of use with standard electronic document systems.
Additionally, the FDD states that the agreement may be amended only by a written or electronic instrument signed by the parties. This suggests that amendments to the original agreement can also be handled electronically, maintaining consistency in how the agreement is managed throughout the franchise relationship. This electronic approach aligns with modern business practices and can contribute to a more efficient and responsive franchise operation.