What is the required method for sending notices related to the Buona agreement, and when is a notice considered given?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Notices. Any notice, request or other communication to either party by the other as provided for herein shall be given in writing and shall be deemed given on the date the same is (i) actually received or (ii) three (3) days after being mailed by certified or registered mail, return receipt requested, postage prepaid and addressed to the addresses first set forth below. The person and the place to which notices or copies of notices are to be mailed to either party may be changed from time to time by such party by written notice to the other party.
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 the franchisee must be in writing. The FDD specifies that notices are considered delivered either when they are actually received by the recipient or three days after being sent via certified or registered mail. For mail delivery, it must include a return receipt request and postage prepaid, addressed to the intended recipient.
This requirement ensures that both Buona and the franchisee have a verifiable record of sending and receiving important communications, which can be crucial in resolving disputes or demonstrating compliance with the franchise agreement. The provision for deemed delivery three days after mailing allows for a reasonable timeframe to account for postal service delays, while still providing a clear point at which the notice is considered to have been given.
The FDD also states that either party can update their address for receiving notices by providing written notice to the other party. It is important for a prospective Buona franchisee to understand these notice requirements, as failing to adhere to them could have legal and financial implications. For example, missing a deadline due to improper notice could result in a breach of contract or loss of certain rights under the agreement.
This type of clause is standard in franchise agreements to ensure clarity and accountability in communications. Prospective franchisees should maintain accurate records of all notices sent and received, and promptly update their contact information with Buona if it changes.