Does the All Team agreement specify a particular method for confirming a telex, telegram, or telecopy?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Each notice, consent, or approval required or permitted under this Agreement will be valid only if it is given in writing (or sent by telex, telegram, or telecopy and promptly confirmed in writing) and addressed by the sender to the recipient's address that is listed in this Agreement or to such other address as either party may designate by written notice to the other party.
A validly given notice, consent, or approval will be effective on the earlier of its receipt, if hand delivered, to the recipient, or the third day after it (or the written confirmation of it) is postmarked for dispatch by first class, postage prepaid, certified or registered United States mail with return receipt requested (whether or not the return receipt is received by the sender).
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, any notice, consent, or approval required under the Franchise Agreement must be in writing. However, the agreement allows for these communications to be sent via telex, telegram, or telecopy, provided they are promptly confirmed in writing.
For a prospective All Team franchisee, this means that while electronic or written notices are acceptable initially, a written confirmation is necessary to validate communications sent via telex, telegram, or telecopy. This confirmation should be sent to the recipient's address listed in the agreement or any other address designated in writing by either party.
The agreement specifies that a validly given notice, consent, or approval becomes effective on the earlier of its receipt if hand-delivered, or on the third day after the written confirmation of the notice is postmarked for dispatch by first class, postage prepaid, certified or registered United States mail with return receipt requested, regardless of whether the return receipt is actually received. This clause ensures that there is a clear and documented timeline for when notices are considered effective, which can be crucial in legal and contractual matters.