Can the Extreme Art Studio Module Amendment be executed in counterparts?

According to the 2024 Extreme Art Studio Franchise Disclosure Document, while the standard Franchise Agreement can be executed in counterparts, there is no mention of the Module Amendment having the same option. Section 20 of the Franchise Agreement states that it may be executed in multiple counterparts, each considered an original, and that faxed, scanned, or electronic signatures have the same effect and validity as original signatures. This allows for flexibility in the signing process, especially when parties are geographically separated.

However, the excerpt regarding the Module Amendment does not contain similar language. The Module Amendment excerpt describes the agreement between Extreme Art Studio Franchising, LLC and the franchisee to add additional service modules to the Extreme Art Business. It outlines the recitals, module selection, initial module fees (e.g., $15,000 for Craft Academy, $20,000 for Kidscientific, and $10,000 for Little Hands Discovery), and reporting requirements. The signature page for the Module Amendment is also included, indicating the parties' intent to be legally bound by the agreement.

Because the excerpt regarding the Module Amendment does not mention execution in counterparts, a prospective franchisee should confirm with Extreme Art Studio whether this method of execution is permissible for the Module Amendment. This clarification will ensure compliance with the franchisor's requirements and facilitate a smoother agreement process.