For All Team, what is the required method for confirming a notice sent by 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 or permitted under the franchise agreement must be in writing. If sent by telex, telegram, or telecopy, it must be promptly confirmed in writing.
The notice should be addressed to the recipient's address listed in the agreement or any other address designated in writing by either party. A validly given notice, consent, or approval is effective on the earlier of its receipt if hand-delivered, 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, regardless of whether the return receipt is actually received by the sender.
This means that for important communications, All Team franchisees should ensure they obtain written confirmation of any notices sent via telex, telegram, or telecopy to ensure the notice is considered valid. Furthermore, franchisees should utilize certified or registered mail with return receipt requested for sending important notices to All Team to have proof of delivery and the date of mailing. This helps to avoid potential disputes over whether a notice was properly given and received.