Are facsimile signatures 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
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, facsimile signatures are sufficient to bind the parties to the addendum. Specifically, the document states that the addendum may be executed in counterparts, and that facsimile signatures are sufficient to bind the parties. This means that a signed copy of the addendum sent via fax is legally equivalent to an original signed document.
This provision offers convenience for Checkersrallys and its franchisees, as it allows for quicker execution of the addendum without needing to physically exchange original documents. This can be particularly useful when parties are geographically separated or when time is of the essence. However, franchisees should ensure that the faxed copy is clear and legible to avoid any potential disputes over the authenticity of the signature.
Furthermore, the 2025 Checkersrallys FDD also states that electronic signatures are acceptable. The counterparts of the Addendum may be executed and signed by electronic signature and delivered by electronic or digital communications. This provides additional flexibility in the signing process, allowing for the use of electronic signature platforms or other digital methods to execute the agreement. The receiving party can rely on the document as if the original has been received.
It is important for prospective Checkersrallys franchisees to carefully review the entire addendum and franchise agreement, including the provisions related to signatures, to fully understand their rights and obligations. Consulting with a legal professional is advisable to ensure a complete understanding of the agreement before signing.