In the Bevaris Alliance agreement, what happens if a party does not provide an updated address for notices?
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 formal notice must be delivered to the party's registered office or another address that the party has formally specified in writing. If a party fails to update their address in writing, any notices sent to the previously specified address will still be considered valid.
This means that it is crucial for both Bevaris Alliance and the franchisee to keep each other informed of any address changes in writing. Failing to do so could result in important legal or contractual notices being sent to the wrong address, potentially leading to missed deadlines, legal complications, or other adverse consequences.
This requirement ensures that all communications related to the franchise agreement are properly delivered and received, maintaining a clear record of correspondence and preventing disputes arising from miscommunication. It is a standard practice in franchising agreements to ensure both parties are aware of their obligations and rights.