What is considered an 'electronic signature' for the purposes of the Checkersrallys addendum?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
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, an electronic signature, for the purposes of the addendum, includes a range of electronic actions or acknowledgements. These can be actions like clicking an "I Accept" button, or using a sound, symbol such as a digitized signature block, or any other electronic process. The key requirement is that the action or symbol must be attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
This definition provides Checkersrallys with flexibility in how they accept signatures on the addendum, allowing for various methods of electronic agreement. For a prospective franchisee, this means they may encounter different ways to sign documents electronically, all of which are legally binding as long as they demonstrate intent to sign. This is a fairly standard practice in modern franchising, as it streamlines the signing process and reduces paperwork.
The addendum also specifies that counterparts of the document can be signed electronically and delivered via electronic or digital communications. The receiving party can rely on the received document as if it were an original, provided it was signed with an electronic signature. This further simplifies the process, allowing for efficient exchange and reliance on electronically signed documents. This is particularly beneficial for franchisees who may be located at a distance from the Checkersrallys headquarters, as it eliminates the need for physical document exchange.