Do the parties to the Devon Creek Franchise Agreement consent to doing business electronically?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.10 Consent to Do Business Electronically.
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 Devon Creek's 2024 Franchise Disclosure Document, both parties to the Franchise Agreement consent to conducting business electronically. This consent is formalized under the Uniform Electronic Transactions Act as adopted by the State of North Carolina. By affixing their digital signatures, including DocuSign signatures, to the Franchise Agreement, the parties affirm their agreement to the terms and their intent to be bound by the document.
This provision means that Devon Creek franchisees can expect to handle many aspects of their business relationship with the franchisor through electronic means. This could include signing agreements, receiving important notices, and potentially managing various operational tasks. The FDD specifies that other parties to the Franchise Agreement can rely on a digital signature, including a DocuSign signature, as the respective party's signature.
The consent to electronic transactions streamlines communication and administrative processes, potentially reducing paperwork and improving efficiency. However, franchisees should ensure they have the necessary technology and security measures in place to participate effectively in electronic transactions and protect sensitive information. Franchisees should also familiarize themselves with the specific requirements and procedures for electronic communication and documentation as outlined by Devon Creek.
This type of clause is increasingly common in franchise agreements as businesses adopt digital technologies to enhance operations and communication. Franchisees should carefully review the implications of conducting business electronically and ensure they are comfortable with the technology and security protocols involved.