Can the Checkers Addendum be executed in counterparts?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Counterparts. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
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- Electronic Signatures. The counterparts of this Addendum may be executed and signed by electronic signature by any of the Parties and delivered by electronic or digital communications to any other Party to this Agreement, and the receiving Party may rely on the receipt of such document so executed and delivered by electronic or digital communications signed by electronic signature as if the original has been received.
For the purposes of this Addendum, electronic signature means, without limitation, an electronic act or acknowledgement (e.g., clicking an "I Accept" or similar button), sound, symbol (digitized signature block), or process
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the Addendum can be executed in counterparts. This means that the agreement does not need to be signed on a single, physical document. Instead, the agreement can be signed on multiple, identical copies (counterparts) of the same document. Each counterpart is considered an original, and all counterparts taken together constitute a single, binding agreement.
This flexibility is further enhanced by Checkers' allowance for electronic signatures. The FDD states that counterparts of the Addendum can be executed and signed electronically, and delivered via electronic or digital communication. The receiving party can rely on the electronically signed document as if it were an original. An electronic signature includes actions like clicking an "I Accept" button or using a digitized signature block.
For a prospective Checkers franchisee, this simplifies the signing process, especially if the franchisee and franchisor are not in the same location. It allows for quicker execution of the agreement, as documents can be signed and exchanged electronically without the need for physical mailing. This is a fairly standard practice in modern franchising, reflecting the increasing reliance on digital communication and document management.