Can the Degree Wellness franchise agreement be executed in counterparts, including by facsimile or electronic signature?

According to the 2025 Degree Wellness Franchise Disclosure Document, the franchise agreement can be executed in counterparts. This means that the agreement does not need to be signed as a single, original document. Instead, each party can sign a separate copy (counterpart) of the agreement, and all the counterparts together will form a single, binding agreement.

Specifically, Degree Wellness allows these counterparts to be executed and exchanged via facsimile or electronic signature included in an Adobe PDF file. This provides flexibility and convenience, as it allows for quicker execution of the agreement, especially when the parties are geographically separated. It also reduces the need for physical document handling and mailing.

However, the FDD states that the execution of counterparts does not constitute delivery of the agreement by any party until all parties have executed and delivered their respective counterparts. This means that the agreement is not considered fully executed and binding until every party involved has signed and delivered their copy, regardless of whether they used a physical signature, fax, or electronic signature.