When is receipt of notice deemed to have occurred after mailing to Buildingstars?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever notice is required under the terms of this Agreement, it shall be given in writing and sent by registered or certified mail, or by personal delivery to FRANCHISEE'S address and to BUILDINGSTARS' office listed under the signature lines of this Agreement, or at such other address as designated in accordance with this Section.
Receipt shall be deemed to have been made one (1) day after mailing or upon personal delivery, whichever first occurs.
Source: Item 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, any notice required under the franchise agreement must be in writing and sent either by registered or certified mail, or through personal delivery. The notice should be addressed to the franchisee's address and Buildingstars's office as listed in the agreement's signature lines, or to any other address that has been properly designated. For Buildingstars, receipt of notice is considered to have occurred one day after mailing, or immediately upon personal delivery, whichever happens first.
This clause is important for franchisees because it clarifies how official communication will occur and when it is considered 'received,' which can affect deadlines and obligations. For instance, if Buildingstars sends a notice of default, the franchisee is officially considered to have received it one day after it was mailed, regardless of when the franchisee actually retrieves and reads the notice. This one-day rule could impact the franchisee's ability to meet cure periods or other time-sensitive requirements outlined in the agreement.
Franchisees should ensure that Buildingstars always has their current and correct address to avoid any issues with notifications being sent to the wrong location. It is also advisable to regularly check the mail and any designated electronic communication channels to promptly address any notices from Buildingstars. Understanding this process is crucial for maintaining compliance with the franchise agreement and protecting the franchisee's rights.