How are notices, requests, demands, and other communications related to the Best Brains agreement required to be delivered?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Notices. This Agreement shall be binding upon the parties and their respective executors, administrators, heirs, assigns and successors in interest. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given when tendered for delivery if delivered by hand, or one day after the date of deposit if deposited with a commercial delivery service which guarantees next day delivery, or two days after deposit if mailed certified mail, return receipt requested, postage prepaid, addressed to the appropriate party at their respective addresses above or at such other place as the party entitled to notice may designate by notice given in the same manner to the other.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, all notices, requests, demands, and other communications required or permitted under the Franchise Agreement must be in writing. These communications are considered duly given when delivered by hand, one day after deposit with a commercial delivery service guaranteeing next-day delivery, or two days after deposit if mailed via certified mail with return receipt requested and postage prepaid.
These communications should be addressed to the appropriate party at their respective addresses as specified in the agreement or at such other place as the party entitled to notice may designate by notice given in the same manner to the other party. This ensures that all parties are properly informed of any important matters related to the agreement.
This provision is fairly standard in franchise agreements, as it provides a clear and documented method for formal communications. Franchisees should keep records of all notices sent and received to ensure compliance and to protect their rights under the agreement. The requirement for written notice and specific delivery methods helps to avoid disputes over whether a notice was properly given.