Are electronically transmitted signatures on the Dog Haus Area Development Agreement considered original copies?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.
Copies of this Agreement with signatures that have been transmitted by email or by facsimile shall constitute and be deemed original copies of this Agreement for all purposes, provided that the copies are fully executed, dated and identical in form to the original hard copy version of this Agreement.
- Electronic Execution and Copies.
This Agreement and all Exhibits to this Agreement may be signed electronically by the Parties and Electronic Signatures appearing on this Agreement and the Exhibits shall be deemed to be the same as handwritten signatures for the purposes of the validity, enforceability and admissibility of this Agreement and the Exhibits.
An executed copy of this Agreement (or any portion of this Agreement) may be delivered by either of the Parties by facsimile, electrical, digital, magnetic, optical, electromagnetic, or similar capability regardless of the medium of transmission (collectively, "electronic"), and delivery will be effective and binding upon the Parties, and will not in any way diminish or affect the legal effectiveness, validity or enforceability of this Agreement.
Area Developer acknowledges and agrees that Franchisor may create an electronic record of any or all agreements, correspondence or other communications between the Parties or involving third parties and may thereafter dispose of or destroy the original of any of the agreements, correspondence or other communications.
Any such electronic record will be inscribed on a tangible medium or stored in an electronic or other medium and be retrievable in perceivable form, and will be maintained in and readable by hardware and software generally available.
Notwithstanding any Applicable Law to the contrary, any electronic version of this Agreement or any other agreements, correspondence or other communications between the Parties will have the same legal effect, validity and enforceability as an original of any document, even if the original of the document has been disposed of or intentionally destroyed.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, electronically transmitted signatures on the Area Development Agreement are considered original copies. Specifically, copies of the agreement with signatures transmitted by email or fax are deemed original copies if they are fully executed, dated, and identical to the original hard copy.
Furthermore, the agreement can be signed electronically, and these electronic signatures are considered the same as handwritten signatures for validity, enforceability, and admissibility. An executed copy of the agreement can be delivered electronically, including by facsimile, electrical, digital, magnetic, optical, or electromagnetic means, and this delivery is effective and binding.
Dog Haus may also create an electronic record of agreements and communications, disposing of the original hard copies. These electronic records, stored in a tangible medium and retrievable, have the same legal effect, validity, and enforceability as the original documents, even if the originals are destroyed. This indicates that Dog Haus embraces electronic documentation and signatures, which is a modern and efficient approach that reduces paperwork and streamlines the agreement process for franchisees.