For a Multi-Unit Developer, when is a notice from Big Air Trampoline Park considered conclusively received?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever this Agreement requires notice, it shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the other party at the addresses set forth below, unless written notice is given of a change of address.
All notices to Multi-Unit Developer shall be conclusively deemed to have been received by Multi-Unit Developer upon the delivery or attempted delivery of this notice to Multi-Unit Developer's address listed herein, or the changed address.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, any notices to a Multi-Unit Developer are considered conclusively received upon delivery or attempted delivery to the Multi-Unit Developer's address. This address is the one listed in the agreement or a changed address for which written notice has been provided.
This means that Big Air Trampoline Park only needs to demonstrate that a notice was delivered or that delivery was attempted to the specified address. The Multi-Unit Developer is responsible for ensuring that Big Air Trampoline Park has the correct and current address to receive official notices. This could include important legal or contractual updates.
It is important for prospective Multi-Unit Developers to understand this clause, as it places the onus on them to maintain accurate contact information with Big Air Trampoline Park. Failure to do so could result in missed communications and potential repercussions, depending on the nature of the notice. This is a fairly standard practice in franchising agreements, as it provides a clear and documented method for official communication.