What is the required method for sending notices under the Beverly Anns Cookie franchise agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
Any notices given under this Agreement shall be in writing, and if delivered by hand, or transmitted by U.S. certified mail, return receipt requested, postage prepaid, or via telegram or telefax, shall be deemed to have been given on the date so delivered or transmitted, if sent to the recipient at its address or telefax number appearing on the records of the sending party.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, any notices given under the franchise agreement must be in writing. The notice is considered given on the date of delivery or transmission if delivered by hand. Alternatively, notices can be sent via U.S. certified mail, with return receipt requested and postage prepaid. Finally, notices are acceptable through telegram or telefax, provided they are sent to the recipient's address or telefax number as it appears in the sending party's records.
For a Beverly Anns Cookie franchisee, this means that important communications with the franchisor must be documented in writing to ensure clarity and proof of delivery. Using certified mail with return receipt provides a verifiable record that the notice was sent and received. While methods like hand delivery, telegram, or telefax are acceptable, they may not offer the same level of documented proof as certified mail.
It is important for a prospective Beverly Anns Cookie franchisee to maintain accurate records of all communications sent and received, and to ensure that the franchisor has the correct contact information. This will help avoid any disputes over whether a notice was properly given. Franchisees should also consider the urgency of the notice when choosing a delivery method, as some methods may be faster than others.