When are notices deemed received by Body20 if sent by certified mail?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
Notices will be deemed received the same day when delivered personally, upon attempted delivery when sent by registered or certified mail or overnight delivery service.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, notices sent by certified mail are considered received upon attempted delivery. This means that even if the recipient is not available to sign for the certified mail, the notice is still deemed to have been received once the postal service attempts to deliver it.
This provision is important for prospective Body20 franchisees because it clarifies when they are officially considered to have received important communications from the franchisor. For example, if Body20 sends a notice of default via certified mail, the franchisee's cure period begins upon attempted delivery, not when the franchisee actually retrieves the mail.
It is common practice in franchise agreements to specify how and when notices are considered received to avoid disputes over timing and deadlines. Using 'attempted delivery' as the trigger for receipt is a fairly standard approach, ensuring that the franchisor is not penalized if a franchisee avoids or delays picking up certified mail. Franchisees should be aware of this clause and ensure they have a reliable system for receiving and responding to official notices in a timely manner to avoid any potential negative consequences.