Can the Checkersrallys addendum be executed in counterparts?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- 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.
-
- 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 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 form a single, legally binding agreement. This approach is common in franchise agreements to accommodate parties in different locations or to expedite the signing process.
Checkersrallys also allows for electronic signatures on these counterparts. This provides further flexibility, as parties can sign and deliver the addendum electronically, and the receiving party can rely on the electronically signed document as if it were an original. An electronic signature can include actions like clicking an "I Accept" button or using a digitized signature block.
This flexibility in execution can streamline the process of finalizing the franchise agreement and any addenda, making it more convenient for both Checkersrallys and the franchisee. However, it's important for franchisees to ensure that all counterparts are properly executed and retained to avoid any potential disputes regarding the terms of the agreement.