How are notices deemed given under the Bumper Man agreement when delivered by hand?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11. NOTICES. All Notices required or permitted under this Agreement will be deemed given: (a) when delivered by hand; (b) two days after electronically confirmed transmission by facsimile or electronically confirmed delivery receipt by electronic mail; (c) three days after confirmed delivery if by certified or registered mail, postage prepaid; or (d) upon delivery by a nationally-recognized courier or delivery service. Certified Technician may specify a different address by notifying the other Parties in writing of the different address. The notice address for Certified Technician is as follows:
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, any notices required or permitted under the Certified Technician Addendum to the Franchise Agreement are considered given immediately upon hand delivery. This means that from the moment a notice is physically handed to the recipient, it is officially recognized as delivered.
This immediate recognition of delivery has important implications for time-sensitive communications. For example, if a notice involves a deadline or requires a response within a specific timeframe, the clock starts ticking as soon as the notice is handed over. This method ensures there is no delay in the notice taking effect, unlike mail or courier services which have built-in delays.
For a prospective Bumper Man franchisee, understanding this provision is crucial. It highlights the importance of ensuring that someone is always available to receive hand-delivered notices, or that alternative arrangements are made to avoid missing critical communications. This immediate delivery confirmation places the onus on the franchisee to be vigilant about receiving and acting upon hand-delivered notices promptly to avoid any potential negative consequences.
In addition to hand delivery, the Bumper Man agreement specifies other methods for delivering notices, including facsimile, electronic mail, certified or registered mail, and nationally-recognized courier services. Each of these methods has its own criteria for when a notice is considered 'given,' which franchisees must understand to ensure proper communication and compliance with the agreement.