If a Bombs Away franchisee rejects a notice, when is the notice considered effective?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.9 Notices. Any notice will be effective under this Agreement only if made in writing and delivered as set forth in this Section to: (A) if to Franchisee, addressed to Franchisee at the notice address set forth in the Summary Page; and (B) if to Bombs Away Franchising, addressed to 655 E McGlincy Lane Ste E, Campbell, CA 95008.
Any party may designate a new address for notices by giving notice of the new address pursuant to this Section.
Notices will be effective upon receipt (or first rejection) and must be: (1) delivered personally; (2) sent by registered or certified U.S. mail with return receipt requested; or (3) sent via overnight courier.
Notwithstanding the foregoing, Bombs Away Franchising may amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, any notice sent to a franchisee is considered effective upon receipt or first rejection. This means that if a franchisee refuses to accept a notice sent by Bombs Away, the notice is still considered to be in effect from the time of that initial rejection.
For a prospective Bombs Away franchisee, this implies that they cannot avoid the consequences of a notice by simply refusing to accept it. Whether the franchisee reads the notice or not, Bombs Away will consider the franchisee to be aware of its contents once delivery is attempted.
Bombs Away requires that all notices be delivered in writing and specifies acceptable delivery methods: personal delivery, registered or certified U.S. mail with return receipt requested, or overnight courier. The franchisor may deliver notices of default or changes to system standards via electronic mail or other electronic communication. Franchisees should ensure they understand the implications of all notices, as rejection does not negate their effect.