When is a notice deemed given to Brain Balance if delivered by registered mail?
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 Brain Balance's 2025 Franchise Disclosure Document, any notice delivered by registered mail is considered given on the second business day following its deposit in the mail. This stipulation is part of the franchise agreement's broader section on required notices.
This means that if a franchisee needs to send a formal notice to Brain Balance, such as regarding a contract matter or any other issue requiring written notification, they should account for this two-business-day period. For example, if a notice is mailed on a Monday, it would be deemed as 'given' on Wednesday. This timeframe ensures that Brain Balance is officially considered to have received the notice for legal and contractual purposes.
It is important for prospective Brain Balance franchisees to understand these notification procedures, as they can affect deadlines and obligations under the Franchise Agreement. Using registered mail provides a verifiable record of sending the notice, but the two-day rule determines when Brain Balance is officially considered to have received it. Franchisees should also be aware of alternative methods for delivering notices, such as personal delivery or overnight delivery, which have different timelines for when notice is deemed given.