Does the Checkersrallys Addendum allow for execution in counterparts?
Checkersrallys 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 the 2025 Checkersrallys FDD, the Addendum can be executed in counterparts. This means that the agreement does not require all parties to sign the same physical document. Instead, each party can sign a separate copy, and all the signed copies together constitute a single, binding agreement. This is a common practice in franchising to expedite the signing process, especially when the parties are geographically separated.
Furthermore, the Checkersrallys Addendum allows for electronic signatures. This provides additional flexibility, allowing parties to sign and deliver the agreement electronically, which can further accelerate the execution process. The FDD defines an electronic signature broadly, including actions like clicking an "I Accept" button or using a digitized signature block.
For a prospective Checkersrallys franchisee, this means that the process of finalizing the franchise agreement can be more efficient. They may not need to physically meet with a representative of Checkersrallys to sign the documents, and they can use electronic signatures to complete the process remotely. This can save time and reduce administrative burdens.