For Bevaris Alliance, where should written notices be addressed?
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.
- 27.9 Third party rights. No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, any written notice related to the franchise agreement should be sent to the party's registered office. Alternatively, a party can specify a different address in writing to the other party.
Notices must be delivered in writing either personally, via prepaid first-class post, next-day delivery service, or commercial courier. The document specifies how the notices are considered 'received' based on the delivery method. For personal delivery, it's when the notice is left at the specified address. If sent by mail or next-day service, it's assumed received at 9:00 a.m. Pacific Time on the next business day. For commercial couriers, it's the date and time the delivery receipt is signed. Notices sent by fax or email are considered received one business day after transmission.
This clause does not apply to legal proceedings, arbitrations, or other dispute resolution methods. This means that serving legal documents requires a different procedure than routine notices under the franchise agreement. Bevaris Alliance ensures that only the parties involved in the agreement, including their successors and permitted assignees, have the right to enforce its terms.