How is notice deemed to have been given to Atwell Suites franchisees if sent by mail?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
In any case where any notice, approval, agreement or other communication is required or permitted to be given under this Agreement, such notice, approval, agreement or communication shall be in writing and deemed to have been duly given and delivered (a) if delivered in person, on the date of such delivery; or (b) if sent by overnight express or registered or certified mail (with return receipt requested), on the date of receipt of such mail.
Such notice or other communication shall be sent to (i) with respect to HotelKey, at the address set forth in the preamble, (ii) with respect to Hotel, the address(es) set forth in the Hotel Agreement, and (iii) with respect to IHG, at the address set forth in Section 11.9 (IHG Contracting Entity; Governing Law) below.
A Party may update its notice address from time to time by notifying the other Parties in writing in accordance with this section.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, any notice, approval, agreement, or other communication required or permitted under the agreement is considered duly given and delivered if sent by overnight express or registered or certified mail with return receipt requested. In such cases, notice is deemed to have been given on the date of receipt of the mail.
This means that Atwell Suites franchisees can rely on the date of receipt as confirmation that the franchisor has officially received the communication. This is particularly important for time-sensitive matters, such as responding to a notice of breach or exercising a contractual right. The requirement of a return receipt provides proof of delivery and receipt, which can be crucial in legal or administrative proceedings.
This clause specifies that the notice must be in writing to be valid. The FDD also outlines where such notices should be sent, specifying the addresses for HotelKey, the Hotel, and IHG, and allows parties to update their notice address by informing the other parties in writing.