In the Brain Balance franchise agreement, what is the definition of 'nationally recognized overnight delivery service' for notice purposes?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
21.03. All notices required or desired to be given under this Agreement shall be in writing and given by personal delivery, registered mail, return receipt requested, or nationally recognized overnight delivery service. Notice shall be delivered to COMPANY and FRANCHISEE at their respective addresses set forth above or at such other address as either shall designate in accordance with this Section. Notice shall be deemed given when delivered, if delivered in person; on the next business day, if delivered by nationally recognized overnight delivery service; and on the second business day following deposit in the mail, if given by registered mail.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, the franchise agreement specifies how notices are to be delivered, but it does not define what constitutes a 'nationally recognized overnight delivery service.'
For a Brain Balance franchisee, this means that while the agreement outlines acceptable methods for delivering official notices—including personal delivery, registered mail with return receipt, and nationally recognized overnight delivery—it leaves the interpretation of 'nationally recognized overnight delivery service' open. This ambiguity could potentially lead to disputes over whether a particular delivery service qualifies under the agreement.
A prospective Brain Balance franchisee should seek clarification from the franchisor regarding which specific overnight delivery services are considered 'nationally recognized' to avoid any misunderstandings or legal issues related to the delivery of important notices. It would be prudent to have this clarification in writing to ensure it is legally binding and to prevent future disagreements.