According to the Benjamin Franklin Plumbing agreement, how must notices be given?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
All notices, consents and approvals permitted or required to be given under this Agreement must be in writing and will be deemed to be sufficiently and duly given if set forth in writing and, in the case of Contractor, left with an adult person working at Contractor's Business, or, in the case of either party, if sent by a prepaid certified letter or by overnight courier service or transmitted by facsimile, electronic mail or other form of recorded communication tested prior to transmission (with a confirming copy mailed to the addresses shown on the signature page) or such other address or facsimile number provided by one party to the other party for notices.
Any notice so given or made will be deemed to have been given or made and received on the earlier of (A) the day of delivery or (B) one business day after transmission by facsimile or other form of recorded communication service of the same or by overnight courier service, as the case may be, or (C) on the third business day following the day of mailing of the same by certified mail.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, all notices, consents, and approvals required under the agreement must be in writing. For the franchisee, a notice can be delivered to an adult at the franchisee's business location. Either party can send notices via prepaid certified letter, overnight courier service, facsimile, electronic mail, or other recorded communication that has been tested prior to transmission, with a confirming copy mailed to the addresses on the signature page or another address or fax number provided for notices.
Any notice given is considered received on the earliest of the day of delivery, one business day after transmission by fax or overnight courier, or three business days after mailing by certified mail. This ensures that both Benjamin Franklin Plumbing and the franchisee have a clear and documented method for communicating important information related to the franchise agreement.
This level of detail is typical for franchise agreements, as it aims to prevent disputes over whether a notice was properly given. Franchisees should pay close attention to these requirements to ensure they meet all contractual obligations and receive important communications from Benjamin Franklin Plumbing in a timely manner. Failing to adhere to these notice provisions could have legal and financial repercussions.