Under the Beverly Anns Cookie Guaranty, how are notices given?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
Notices.
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 Beverly Anns Cookie's 2025 Franchise Disclosure Document, any notices given under the agreement must be in writing. The notice is considered given on the date of delivery or transmission if delivered by hand, transmitted by U.S. certified mail with return receipt requested and postage prepaid, or sent via telegram or telefax. The notice must be sent to the recipient's address or telefax number as it appears on the sending party's records.
This requirement ensures that all official communications between the franchisee and Beverly Anns Cookie are documented and can be verified. Using certified mail with return receipt provides proof that the notice was sent and received, which can be crucial in resolving disputes or ensuring compliance with contractual obligations. The option to use telegram or telefax, while less common today, provides alternative methods for time-sensitive communications.
For a prospective Beverly Anns Cookie franchisee, this means that all formal communications with the franchisor, such as those related to contract amendments, renewals, or legal notices, must adhere to these specific methods. It is important to maintain accurate records of all notices sent and received, including dates, delivery confirmations, and copies of the communications. Failure to comply with these notice requirements could potentially affect the franchisee's rights or obligations under the franchise agreement.