What methods can be used to deliver notices under the Bombs Away franchise agreement?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
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 the 2024 Bombs Away Franchise Disclosure Document, any notice required under the franchise agreement must be in writing and delivered to the franchisee's address as listed on the Summary Page or to Bombs Away Franchising at 655 E McGlincy Lane Ste E, Campbell, CA 95008. Either party can designate a new address for notices by providing notice of the new address as per the guidelines in the franchise agreement.
Specifically, notices are deemed effective upon receipt or first rejection. Acceptable delivery methods include personal delivery, registered or certified U.S. mail with return receipt requested, or overnight courier service.
However, there is an exception: Bombs Away Franchising can amend the Manual, provide binding notice of changes to System Standards, and deliver default notices via electronic mail or other electronic communication methods. This provides Bombs Away with more flexibility in communicating certain types of information to franchisees.