Can the Hardees Franchise Agreement be executed in counterparts, with each copy considered an original?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement may be executed in counterparts, and each copy so executed and delivered shall be deemed an original. This Agreement may be signed using electronic signatures, and such signatures will have full legal force and effect.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, the Franchise Agreement can be executed in counterparts. This means that the agreement can be signed in multiple identical copies, and each of these copies is considered an original document. Furthermore, the agreement may be signed using electronic signatures, which will have full legal force and effect.
This provides flexibility in the signing process, especially when the parties are geographically separated. Each party can sign a separate copy and then exchange them, and the combined copies will form a complete and legally binding agreement. The option for electronic signatures further streamlines the process, allowing for quicker execution of the agreement.
This is a fairly standard practice in franchise agreements. The inclusion of electronic signatures reflects the increasing acceptance and legality of digital transactions. A prospective Hardees franchisee should ensure they understand the implications of signing in counterparts and that all copies are identical to avoid any future disputes.