When are notices effective under the Bombs Away franchise agreement?
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 required under the franchise agreement is only effective if it is made in writing and delivered as specified in Section 18.9 of the agreement. Notices to the franchisee must be addressed to the franchisee's notice address as listed in the Summary Page. Notices to Bombs Away must be addressed to 655 E McGlincy Lane Ste E, Campbell, CA 95008. However, 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.
For a notice to be considered effective, it must be delivered personally, sent by registered or certified U.S. mail with return receipt requested, or sent via overnight courier. The notice is effective upon receipt or first rejection. Either party can designate a new address for notices by providing notice of the new address as per this section.
This means that a Bombs Away franchisee must ensure that all official communications to the franchisor are sent in writing to the correct physical address via one of the approved delivery methods to ensure that the notice is considered effective. Similarly, Bombs Away can use electronic communication to deliver certain notices. It is crucial for franchisees to keep their address updated with Bombs Away to avoid missing important notices.