For an Embassy Suites franchise, can the Addendum be executed in counterparts and delivered by facsimile or other electronic transmission?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- This Addendum may be executed in counterparts, and delivered by facsimile or other electronic transmission, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to Embassy Suites's 2025 Franchise Disclosure Document, the Addendum to the franchise agreement can be executed in counterparts and delivered via facsimile or other electronic transmission. Specifically, provision number 8 of the document states that each counterpart will be considered an original, and all counterparts together will constitute a single instrument.
This means that franchisees and Embassy Suites can sign separate copies of the Addendum, and these copies, when combined, form the complete and legally binding agreement. This flexibility simplifies the signing process, especially when parties are geographically separated. It also allows for quicker execution of the document, as it eliminates the need for physical delivery of the same document to all parties.
The ability to use facsimile or other electronic transmission further streamlines the process. This is a common practice in modern franchising, as it allows for efficient and timely communication and documentation. Franchisees should ensure that they retain a complete copy of all executed counterparts for their records.