When is a notice deemed to have been given by a Bonchon franchisee if sent by certified mail?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
You will have materially breached this Agreement and we may, at our option, terminate this Agreement and all rights granted under this Agreement, without giving you any opportunity to cure the breach, effective immediately upon your receipt of notice (which, whether sent by certified mail, registered mail, overnight courier or personal physical delivery, will be deemed to have been received by you upon delivery or first attempted delivery of the notice to you) upon the occurrence of any of the following events:
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, a notice sent by certified mail is considered received by the franchisee upon delivery or first attempted delivery. This applies specifically when Bonchon is terminating the agreement due to a breach by the franchisee.
This means that if Bonchon sends a termination notice via certified mail, the franchisee is deemed to have received the notice the moment the postal service attempts to deliver it, regardless of whether the franchisee actually signs for or retrieves the mail at that time. This could have significant implications, especially if the notice triggers a deadline or requires immediate action from the franchisee.
It is important for a prospective Bonchon franchisee to understand this clause, as it dictates how official notices, especially those concerning termination, are handled. Franchisees should ensure their contact information is always up-to-date with Bonchon to avoid missing critical communications. Furthermore, franchisees should be aware of the conditions under which Bonchon can terminate the agreement without an opportunity to cure, as these are the situations where this notice provision would be most relevant.