When is a notice deemed given to Brain Balance if delivered in person?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Brain Balance's 2025 Franchise Disclosure Document, any notice required under the franchise agreement is deemed to be given immediately upon delivery, if delivered in person. This stipulation applies to all notices between Brain Balance and the franchisee.
This means that if a franchisee hand-delivers a written notice to Brain Balance, the notice is considered officially given at that moment. Similarly, if Brain Balance delivers a notice in person to the franchisee, it's effective immediately. This is important because many actions related to the franchise agreement may have deadlines or specific timeframes that begin upon receipt of official notice.
In contrast, notices sent via other methods have different timelines. Notices delivered by nationally recognized overnight delivery service are deemed given on the next business day. Notices sent by registered mail are considered given on the second business day following deposit in the mail. Therefore, in-person delivery is the fastest way to ensure Brain Balance receives immediate notification.