Under the Azal Coffee franchise agreement, what methods are acceptable for sending official notices?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
Unless otherwise specified in this Agreement, notices under this Agreement must be in writing signed by the party serving the same and must be sent by: (a) registered or certified mail, return receipt requested, postage pre-paid, in which case the notice will be complete two (2) days after mailing; or (b) overnight courier service, in which case the notice will be complete one (1) day after delivery to the overnight courier. The notice must be sent to the address referenced below or at another address designated by a party by notice under this Section.
If to us: Durar Investment, LLC
15010 W. Warren, Suite 113 Dearborn, Michigan 48126
If to you: See Item 5 of Appendix A.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, official notices under the Franchise Agreement must be in writing, signed by the party sending the notice. The acceptable methods for sending these notices are via registered or certified mail, return receipt requested, with postage pre-paid, in which case the notice is considered complete two days after mailing. Alternatively, notices can be sent via overnight courier service, in which case the notice is complete one day after delivery to the courier.
For a prospective Azal Coffee franchisee, this means that any formal communication required or permitted under the Franchise Agreement, such as notices of default, renewal intentions, or other legal matters, must adhere to these specific delivery methods to be considered valid. It is crucial to maintain records of all sent and received notices, including receipts and tracking information, to ensure compliance and protect their rights under the agreement.
The FDD specifies the addresses to which notices should be sent. Notices to Azal Coffee itself should be sent to Durar Investment, LLC at 15010 W. Warren, Suite 113, Dearborn, Michigan 48126. The franchisee's address for notices is detailed in Item 5 of Appendix A of the Franchise Agreement. Franchisees should ensure that Azal Coffee has their current and correct address to avoid any issues with receiving important notices.
Adhering to these notice provisions is essential for maintaining a clear and documented communication trail with Azal Coffee and for ensuring that all parties are aware of their rights and obligations under the Franchise Agreement. Failure to follow these procedures could result in a notice being deemed invalid, potentially impacting the franchisee's standing and rights.