Under the Anago franchise agreement, when is a mailed notice considered officially delivered if the return receipt is signed?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Any party may designate a new address for notices to be delivered pursuant to this Agreement by providing a notice to the other party complying with the terms of this Section. Each notice is deemed delivered: (a) on the date delivered if by personal delivery; (b) on the date telecommunicated if by telecopy or telegraph; (c) on the date of transmission with confirmed answer back if by telex, telefax or other telegraphic method; and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, if mailed.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, a mailed notice is considered officially delivered on the date the return receipt is signed. This also applies if delivery is refused or if the postal authorities designate the notice as undeliverable.
This clause is important for prospective Anago franchisees because it clarifies how and when official communication is considered to have been received. This can affect deadlines, obligations, and legal standing regarding the franchise agreement. For example, if Anago sends a notice of default, the franchisee is considered to have received it on the date the return receipt is signed, regardless of when they actually read the notice. This could trigger a timeline for rectifying the default.
It is fairly standard practice in franchise agreements to specify how notices are to be delivered and when they are considered officially received. This helps to avoid disputes about whether a party was properly notified of important information. Franchisees should pay close attention to these clauses to ensure they are aware of their responsibilities and deadlines.