Can the Carvel agreement be executed in multiple counterparts?

According to Carvel's 2025 Franchise Disclosure Document, the franchise agreement can be executed in multiple counterparts. This means that the agreement does not need to be signed on a single, original document. Instead, each party can sign a separate copy (counterpart) of the agreement, and all of these counterparts together will form a single, binding agreement. This is a fairly standard practice in franchise agreements and contract law generally.

For a prospective Carvel franchisee, this provides flexibility in the signing process. It allows for situations where the franchisor and franchisee are not physically present in the same location to sign the agreement simultaneously. Each party can sign their respective counterpart and exchange them, either physically or electronically, to complete the execution of the agreement.

The FDD specifies this in two separate instances. One excerpt states, "This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement." Another excerpt states, "This Agreement may be executed in two or more counterparts, each of which will be deemed an original, and all of which will constitute one and the same instrument."

This clause simplifies the logistics of finalizing the Carvel franchise agreement, especially when dealing with parties in different locations. It ensures that the agreement is legally binding even if signed in separate locations and at slightly different times, as long as each party signs a counterpart of the same agreement.