If a 1-800-GOT-JUNK? franchisee receives a notice of default, does the franchise agreement specify the method of delivery for the notice?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
23.26
Notices. Any notice required or permitted to be given by this Agreement shall be in writing and shall be deemed to have been duly given if delivered by hand or mailed by certified or registered mail, postage prepaid, addressed to Franchisor or to Franchisee at their respective addresses set out on page 1 hereof or to such other address as the respective parties may give notice of in the same manner. Franchisee shall deliver a copy of any and all notices to Franchisor to:
1-800-GOT-JUNK? LLC 887 Great Northern Way, Suite 301 Vancouver, British Columbia V5T 4T5, Canada Attention: General Counsel
4908-1371-6037.2 Franchise Agreement 4/22
With a copy to Miller Nash LLP 605 5th Ave. S., Suite 900 Seattle, Washington 98104 Attention: Josh M. Piper
Any such notice shall be deemed to have been given and received when delivered if sent by hand or, if mailed, on the third (3rd) Business Day following the mailing thereof; provided, however, that no notice which is mailed shall be deemed to be received if between the time of mailing and the third (3rd) Business Day thereafter there is any labor dispute, strike or lockout affecting mail in the geographic areas in which the notice is mailed or intended to be received.
In addition, Franchisor may send notices to Franchisee by email to the email address set out in Schedule B. Any such notice shall be deemed to have been given and received on the first Business Day following the day on which it was sent.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, any notice required or permitted must be in writing. The notice is considered duly given if delivered by hand or sent via certified or registered mail with prepaid postage. The notice should be addressed to 1-800-GOT-JUNK? or the franchisee at their respective addresses listed on page 1 of the agreement, or to any other address that either party has provided notice of in the same manner. Franchisees must also send copies of all notices to 1-800-GOT-JUNK? LLC at their British Columbia headquarters, specifically to the attention of the General Counsel, and a copy to Miller Nash LLP in Seattle, Washington, to the attention of Josh M. Piper.
For notices delivered by hand, they are deemed received upon delivery. If mailed, notices are considered received on the third business day after mailing. However, if a labor dispute, strike, or lockout affects mail service in the relevant geographic areas between the mailing date and the third business day, the notice is not considered received.
In addition to traditional mail, 1-800-GOT-JUNK? may also send notices to franchisees via email to the address listed in Schedule B of the Franchise Agreement. These email notices are considered given and received on the first business day following the day they were sent. This multi-faceted approach ensures that both parties have clear guidelines for communication and that important notices are properly delivered and acknowledged.