Does Checkers allow for the addendum to 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 attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the addendum to the franchise agreement can be executed in counterparts. This means that the addendum does not need to be signed on a single physical document. Instead, each party can sign a separate copy (a 'counterpart'), and all of these counterparts together will constitute one and the same agreement.
This flexibility is further enhanced by Checkers' allowance for electronic signatures. The FDD states that counterparts can be signed electronically and delivered via digital communication. This accommodates parties who may be geographically separated or prefer the convenience of digital document management. The receiving party can rely on a digitally signed document as if it were an original.
The definition of 'electronic signature' is broad, including actions like clicking an 'I Accept' button or using a digitized signature block. This provides Checkers franchisees with several options for how they can execute documents, streamlining the signing process. This is a fairly standard practice in modern franchising, as it speeds up the agreement process and reduces administrative burdens.