Is a facsimile signature sufficient to bind the parties to the Checkersrallys Addendum?
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. Facsimile signatures shall be sufficient to bind the Parties.
-
- 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, a facsimile signature is sufficient to bind the parties to the Addendum. Specifically, the document states that the Addendum may be executed in counterparts, and "Facsimile signatures shall be sufficient to bind the Parties."
This means that Checkersrallys franchisees and the franchisor can sign the Addendum using a faxed copy of their signature, and it will be considered legally binding. This can simplify and expedite the signing process, as it eliminates the need for physical documents to be exchanged.
Additionally, the 2025 Checkersrallys FDD states that the counterparts of the Addendum may be executed and signed by electronic signature and delivered by electronic or digital communications. The receiving party may rely on the receipt of such document signed by electronic signature as if the original has been received. For the purposes of the Addendum, electronic signature means an electronic act or acknowledgement, 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.