According to the Bevaris Alliance agreement, must notices be written?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
27.8 Notices.
- (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 notice or other communication given to a party under or in connection with the franchise agreement must be in writing. The notice should be addressed to the party's registered office or another address that the party has specified in writing.
The agreement specifies acceptable delivery methods for these written notices, including personal delivery, pre-paid first class post or next working day delivery service, and commercial courier. The document also allows for delivery by fax or email.
The FDD outlines when a notice is considered received based on the delivery method. For personal delivery, it's when left at the specified address. If sent by mail, it's 9:00 a.m. Pacific Time on the first business day after posting. For commercial courier, it's the date and time the delivery receipt is signed. If sent by fax or e-mail, it is one business day after transmission.
This requirement for written notices ensures a clear record of communication between Bevaris Alliance and its franchisees, which is typical in franchise agreements to avoid misunderstandings and provide documented proof of important exchanges. However, this clause does not apply to the service of any proceedings or other documents in any legal action, arbitration or other method of dispute resolution.