How are notices related to the Buona agreement delivered, and when are they considered given?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
All notices required or permitted under this Agreement shall be in writing and shall be personally delivered, sent by U.S. Certified mail, Return Receipt Requested, or commercial overnight delivery service to the respective parties at the following addresses unless and until a different address has been designated by written notice to the other party:
Notice to Franchisor: Chicago's Original Italian Beef Franchising LLC and Five Flavors Franchising LLC 7075 Veterans Blvd. Burr Ridge, IL 60527 Attn: Brian Lansu General Counsel BLansu@buona.com AND Joseph Buonavolanto III Executive Vice President JB3@buona.com Notice to Developer:
All written notices and reports permitted or required to be delivered by the provisions of this Agreement shall be addressed to the party to be notified at its most current principal business address of which the notifying party has been notified and shall be deemed so delivered (i) at the time delivered by hand; (ii) one (1) business day after deposit within commercial overnight courier, (iii) three (3) business days after placement in the U.S. Mail by Certified Mail, Return Receipt Requested, postage prepaid and addressed, or (iv) on the date of transmission if an e-mail is sent on business days during business hours and there is confirmation of transmission (and if not sent during business hours, as of the next business day).
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, any formal communication between Buona and its franchisees must be in writing. These notices can be delivered through several methods: personal delivery, U.S. Certified Mail (with Return Receipt Requested), commercial overnight delivery service, or email. The specific addresses for sending notices to Buona are listed in the FDD, including the names and email addresses of key contacts like the General Counsel and Executive Vice President. However, these addresses can be updated by either party by providing written notice.
For hand-delivered notices, the notice is considered delivered at the time of the delivery. If using a commercial overnight courier, the notice is deemed delivered one business day after deposit. When sent via U.S. Certified Mail with Return Receipt Requested and postage prepaid, the notice is considered delivered three business days after it is placed in the mail. For email, the notice is considered delivered on the date of transmission if sent during business hours on a business day, provided there is confirmation of transmission. If the email is sent outside of business hours, it is deemed delivered as of the next business day.
This level of detail in defining acceptable notice methods and delivery times is typical for franchise agreements. It aims to prevent disputes over whether a notice was properly given and when it was received, which can be critical for deadlines and legal obligations. Prospective Buona franchisees should ensure they understand these requirements and maintain accurate records of all communications with Buona, especially those that are time-sensitive or legally significant.