Are facsimile signatures sufficient to bind the parties in the Checkersrallys Addendum?
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. Facsimile signatures shall be sufficient to bind the Parties.
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 in 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 copy of a signature sent via fax is legally equivalent to an original signature for the purposes of the addendum.
This provision offers convenience, allowing Checkersrallys and its franchisees to finalize agreements quickly, especially when parties are geographically separated. It reduces the need for physical document exchange, streamlining the signing process.
However, franchisees should be aware of the potential risks associated with facsimile signatures. While legally binding, there can be challenges in proving the authenticity of a faxed signature compared to an original. It is important for franchisees to maintain proper records of all signed documents, including fax confirmations, to mitigate any future disputes. Additionally, while facsimile signatures are accepted, Checkersrallys also allows for electronic signatures, providing another convenient and legally recognized method for signing the addendum.