According to the Bevaris Alliance agreement, how should notices be delivered?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- (a) Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier,.
- (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 27.8(a); if sent by pre-paid first class post or other next working day delivery service, at 9:00 a.m. Pacific Time on the first Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
- (c) This clause shall not apply to the service of any proceedings or other documents in any legal action, arbitration or other method of dispute resolution.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, any formal notice related to the franchise agreement must be in writing and sent to the appropriate party's registered office or another specified address. The agreement outlines several acceptable delivery methods. These include personal delivery, prepaid first-class mail, next-day delivery service, or commercial courier.
The FDD specifies how the delivery date is determined based on the method used. For personal delivery, the notice is considered received when it is left at the designated address. If sent via prepaid first-class post or next-day delivery, it is deemed received at 9:00 a.m. Pacific Time on the first business day after mailing. For commercial courier services, receipt is determined by the date and time recorded on the courier's delivery receipt. The agreement also states that notices sent by fax or email are considered received one business day after transmission.
It's important to note that these methods do not apply to legal proceedings or documents related to legal actions, arbitrations, or other dispute resolution methods. This means that serving legal papers requires a different procedure than routine notices under the franchise agreement. Bevaris Alliance franchisees should be aware of these stipulations to ensure proper communication and compliance with the franchise agreement.