Under what condition is an email considered delivered as a notice to an Aw franchisee?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.10 Notices. .All written notices and reports permitted or required to be delivered by the provisions of this Agreement or of the Operations Manual will be deemed to be delivered at the time delivered by hand, one (1) business day after deposit within commercial overnight courier or three (3) business days after placement in the U.S.
Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid and addressed to the party to be notified at its most current principal business address of which the notifying party has been notified or to any other place designated by either party, or on the date of receipt of transmission of an e-mail from us on the condition that we also send a hard copy of the notice by U.S.
Mail on the same date the e-mail is send to you. ........All payments and reports required by this Agreement must be directed to us at the address of which you are notified from time to time, or to such other persons and places as we may direct from time to time.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, an email is considered delivered as a notice to a franchisee only if Aw also sends a hard copy of the notice via U.S. Mail on the same day the email is sent. This dual-delivery approach ensures that the franchisee receives the notice through at least one channel, accounting for potential email delivery issues.
This requirement means that Aw cannot rely solely on email for important legal and contractual notices. Aw must maintain processes for both electronic and physical mail delivery to ensure compliance with the franchise agreement. For a franchisee, this means that they should monitor both their email and physical mail for official communications from Aw.
The stipulation that a hard copy must be sent via U.S. Mail on the same day as the email adds a layer of complexity and cost for Aw, but it provides a verifiable record of delivery. This is particularly important for notices related to defaults, terminations, or other critical matters where proof of delivery is essential.
Prospective Aw franchisees should be aware of this dual-notice requirement and ensure they have systems in place to promptly review both email and postal mail. Failure to do so could result in missing important deadlines or information, potentially leading to breaches of the franchise agreement.