When is a notice, consent, or approval considered effective under the All Team agreement?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
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, a notice, consent, or approval is considered effective based on specific delivery methods. If hand-delivered to the recipient, it becomes effective upon receipt. Alternatively, if sent via first class, postage prepaid, certified or registered United States mail with a return receipt requested, it becomes effective on the third day after it (or the written confirmation of it) is postmarked for dispatch, regardless of whether the return receipt is actually received by the sender.
This means that franchisees must carefully document how they send and receive notices to All Team, as the timing can have legal implications. For instance, if a franchisee needs to respond to a notice from All Team within a certain timeframe, the start of that timeframe depends on when the notice is considered 'effective.'
It is important to note that the notice must be in writing (or sent by telex, telegram, or telecopy and promptly confirmed in writing) and addressed to the recipient's address listed in the agreement or another designated address. This ensures clarity and traceability in communications between All Team and its franchisees.