Does the Even Hotels agreement allow for electronic signatures, and if so, what conditions apply to their use?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.11 Electronic Signatures.
The Parties agree that: (i) this Agreement may be executed by electronic signature initiated through any mutually agreed commercial electronic signature provider to a Party's authorized signatory's passwordprotected access email address identified to the other Party ("Electronic Document"); and (ii) an electronic signature appearing on an Electronic Document shall have the same force and effect and be considered for all purposes as an original ink signature.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 Even Hotels Franchise Disclosure Document, the franchise agreement can be executed via electronic signature. The agreement specifies that it can be executed using electronic signatures initiated through a mutually agreed commercial electronic signature provider. This provider will send the document to the authorized signatory's password-protected email address, which has been identified to the other party.
An electronic signature on such a document carries the same weight and effect as an original ink signature. This means that for all legal and practical purposes, an electronically signed agreement is considered as valid and binding as one signed with a physical signature.
However, for franchisees in Rhode Island and California, there are specific amendments. In these states, signatures via Conga Sign, DocuSign, .PDF file, facsimile, or other electronic format also have the same force and effect as originals. This broadens the acceptable methods of electronic signature beyond just using a mutually agreed commercial provider, offering more flexibility in those states.