What is the role of the Notary Public in authenticating the Checkers Franchise Agreement?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
s request. Notwithstanding the foregoing, nothing in this Agreement shall disclaim or require you to waive reliance on any representation we made in our Franchise Disclosure Document (including any of that document's exhibits and amendments) delivered to you, your Owners, Affiliates or representatives. This Section 18.14 shall survive the expiration or termination of this Agreement.
18.15 Electronic Signatures. The counterparts of this Agreement and all ancillary documents executed or delivered in connection with this Agreement may
be executed and signed by electronic signature by any of the parties to this Agreement, 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 Agreement, electronic signature means, without limitation, an electronic act or acknowledgement (e.g., clicking an "I Accept" or similar button), sound, symb
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the role of a Notary Public in authenticating the Checkers Franchise Agreement is not mentioned. The document does refer to signatures and execution of the agreement. Specifically, it allows for electronic signatures, defining them as electronic acts, acknowledgements, sounds, symbols, or processes attached to a record and executed with the intent to sign.
While the FDD outlines how signatures can be applied and delivered, it does not specify if a notary public must be present or if notarization is required for the Checkers Franchise Agreement to be valid. The agreement emphasizes that receipt of the Franchise Disclosure Document and the agreement itself, with all blanks completed, must occur within the time periods required by applicable law.
Prospective franchisees should clarify with Checkers whether notarization is necessary for the Franchise Agreement in their specific state or situation. They should also inquire about any specific requirements for electronic signatures or other forms of authentication that Checkers may require. This information is crucial to ensure full compliance with the franchising process.