What is the effect of executing the Focus Cfo franchise agreement in multiple counterparts?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.10. Execution of Franchise Agreement. Execution and delivery of this Agreement and any amendments shall be legally valid and effective through: (i) hand-delivery; (ii) electronic mail in "portable document format" ('.pdf") or any other electronically scanned format; or (iii) use of an electronic document execution and delivery process (i.e., DocuSign®). This Agreement may be executed in multiple counterparts and Franchisor and Franchisee may execute any such counterpart, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, the franchise agreement and any amendments can be legally executed and delivered through hand-delivery, electronic mail in PDF or other scanned formats, or via electronic document execution processes like DocuSign. The agreement may be executed in multiple counterparts, meaning that the franchisor and franchisee can sign separate copies of the same agreement. Each signed copy is considered an original, and all the counterparts together constitute a single, unified agreement.
This approach provides flexibility in the signing process, especially when the parties are geographically separated. It allows for quicker execution as each party can sign their respective copy without waiting for the document to physically travel back and forth. The use of electronic signatures and document delivery further streamlines the process, aligning with modern business practices.
For a prospective Focus Cfo franchisee, this means that the process of finalizing the franchise agreement can be handled efficiently, regardless of location. It reduces potential delays associated with traditional paper-based signing methods. However, it is crucial for the franchisee to ensure that they receive a complete copy of the agreement with all counterparts to have a full record of the terms and conditions. This clause ensures that the agreement is legally binding even if signed in stages, as long as all counterparts are accounted for.