For Bor Restoration, how must notices relating to a breach of the Franchise Agreement be delivered?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
a. All notices relating to any breach of this Franchise Agreement and all notices concerning the implementation of the alternative dispute resolution procedures must be given in writing and must be delivered by certified mail, return receipt requested, hand delivery, or by an overnight delivery service providing documentation of receipt (or refusal,) at the address, either of us may designate from time to time and will be effective five days after being placed in the United States mail, with the proper address and postage or as to overnight or hand delivery when receipted for or refused. A copy of all notices shall also be sent to:
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, all notices regarding a breach of the Franchise Agreement must be in writing. These notices must be delivered via certified mail with a return receipt requested, hand delivery, or through an overnight delivery service that provides documentation of receipt, or refusal of receipt.
For a Bor Restoration franchisee, this means that any formal communication to the franchisor about a potential breach, or from the franchisor to the franchisee about a breach, must follow these specific delivery methods to be considered valid. This ensures there is a verifiable record of the notice being sent and received. The notice is considered effective five days after being placed in the United States mail with proper address and postage, or immediately in the case of overnight or hand delivery when receipted for or refused.
In addition, a copy of all notices must also be sent to the address Bor Restoration designates from time to time. It is important for prospective franchisees to understand and adhere to these notification requirements, as failure to do so could impact the legal standing of any claims or defenses related to a breach of contract. Franchisees should maintain meticulous records of all notices sent and received to ensure compliance with the Franchise Agreement.