Does the Devon Creek Franchise Agreement specify that digital signatures are equivalent to handwritten signatures?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
The parties to the Franchise Agreement hereby consent to do business electronically.
Pursuant to the Uniform Electronic Transactions Act as adopted by the State of North Carolina, the parties hereby affirm to each other that they agree with the terms of the Franchise Agreement, and by attaching their digital signature, including any DocuSign signature, to the Franchise Agreement, they are executing the document and intending to attach their digital signature to it.
Furthermore, the parties acknowledge that the other parties to the Franchise Agreement can rely on a digital signature, including a DocuSign signature, as the respective party's signature.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, the Franchise Agreement explicitly consents to conducting business electronically. It states that by attaching a digital signature, including DocuSign, to the Franchise Agreement, the parties are executing the document and intending to attach their digital signature to it.
This means that Devon Creek franchisees can sign the Franchise Agreement and other related documents using digital signatures, which are considered legally binding. This can streamline the signing process and make it more convenient for both the franchisee and the franchisor.
The agreement also specifies that other parties to the Franchise Agreement can rely on a digital signature, including a DocuSign signature, as the respective party's signature. This provides assurance that digital signatures are considered valid and enforceable.
This clause aims to modernize the agreement process, acknowledging the legal equivalency of digital signatures to traditional handwritten signatures under the Uniform Electronic Transactions Act as adopted by North Carolina.