Under what circumstances can the consent given regarding electronic communications in Section 9.12 of the Brueggers Bagels agreement not be applied to the provision of notices?

According to Brueggers Bagels's 2025 Franchise Disclosure Document, the consent provided in Section 9.12 of the franchise agreement regarding electronic communications does not automatically extend to the provision of official notices related to the agreement. This means that Brueggers Bagels cannot use email to send legally binding notices to the franchisee unless a specific exception is met.

For a Brueggers Bagels franchisee, this distinction is important because it clarifies how official communications will be handled. The default method for sending notices under the agreement is not electronic unless both parties explicitly agree otherwise in writing. This protects the franchisee by ensuring that important legal notices are delivered in a more formal and verifiable manner than a simple email.

To use email for official notices, both Brueggers Bagels and the franchisee must create and sign a written agreement that specifically allows for this method of communication. This requirement ensures that both parties are in agreement about using electronic communication for legally binding notices, providing a clear and documented understanding. This clause aims to prevent misunderstandings or disputes about whether a notice was properly served.

This approach is fairly common in franchising, where formal notices often require more secure and documented delivery methods like registered mail or overnight courier to ensure receipt and avoid ambiguity. The Brueggers Bagels agreement provides flexibility by allowing email notices if both parties agree, but it defaults to more traditional methods to protect both the franchisor and franchisee.