What is the purpose of the 'IN WITNESS THEREOF' statement on the Checkers Franchise Agreement signature page?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the day and year first above written.
CHECKERS DRIVE-IN RESTAURANTS, INC., a Delaware corporation · · · · · · · · · · · · · · · · · · If a corporation, limited liability company or partnership: Print Name: (Name of corporation, limited liability company or partnership) *Effective Date: Print Name: D Print Name: 11tie Print Name: Print Name: If individuals: (Signature) (Print Name) (Signature) (Print Name) (Signature) (Print Name)
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Checkers Franchise Disclosure Document, the phrase "IN WITNESS WHEREOF" precedes the signatures on the franchise agreement and its addenda. This statement indicates that by signing the document, the parties (Checkers and the franchisee) are formally acknowledging and agreeing to the terms and conditions outlined in the agreement. It signifies the completion of the agreement and the intent to be legally bound by it. The phrase confirms that the agreement has been executed and delivered on the date written above the signatures. This phrase appears not only in the main franchise agreement but also in various addenda, such as the Growth Incentive Addendum, Vet Fran Incentive Addendum, and Women Business Owner Incentive Addendum. This ensures that all parts of the agreement, including any modifications or special conditions, are formally acknowledged and agreed upon by both parties.
For a prospective Checkers franchisee, understanding the significance of this statement is crucial. It highlights the importance of carefully reviewing the entire franchise agreement and all associated addenda before signing. Once signed under the "IN WITNESS WHEREOF" declaration, the franchisee is legally bound by all the terms and conditions contained within the document. This includes obligations related to fees, operational standards, territorial rights (or lack thereof), and termination clauses.
Furthermore, the Checkers FDD also mentions the use of electronic signatures, stating that counterparts of the agreement can be executed and delivered electronically. This means that the "IN WITNESS WHEREOF" declaration applies equally to both physical and electronic signatures, reinforcing the legal binding nature of the agreement regardless of the method of signing. Franchisees should be aware that clicking an "I Accept" button or using a digitized signature block carries the same legal weight as a traditional signature under this clause. Therefore, it is essential for prospective franchisees to seek legal counsel to fully understand the implications of the franchise agreement before signing, whether physically or electronically.