How is written notice considered delivered for C3 Wellness Spa, when delivered by hand?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
All written notices permitted or required to be delivered by this Agreement shall be deemed so delivered,
at the time delivered by hand, one business day after being placed in the hands of a national commercial courier service for overnight delivery (properly addressed and with tracking confirmation), or three business days after placed in the U.S. mail by registered or certified mail, postage prepaid, and addressed to the party to be notified at its most current principal business address of which the notifying party has been notified. Reports requiring delivery shall be delivered by certified U.S. mail and/or electronically, as designated by Franchisor. The addresses for the parties set forth in the initial paragraph of this Agreement shall be used unless and until a different address has been designated by written notice to the other party. Any notice required under this Agreement shall not be deemed effective or given by Franchisee to Franchisor unless given in strict compliance with this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, any written notices required under the franchise agreement are considered delivered at the time they are physically handed over. This immediate delivery acknowledgment applies specifically to written notices permitted or required by the agreement.
In addition to hand delivery, the FDD specifies other methods of delivery and their corresponding timelines for acknowledgement. Notices are considered delivered one business day after being given to a national commercial courier service for overnight delivery, provided it is properly addressed and has tracking confirmation. Alternatively, notices are considered delivered three business days after being sent via registered or certified U.S. mail with prepaid postage, addressed to the intended party's most current principal business address.
The C3 Wellness Spa franchise agreement stipulates that the addresses listed in the initial paragraph of the agreement should be used for all notices, unless a different address has been formally designated through written notice to the other party. It is crucial for franchisees to adhere strictly to these notification guidelines, as any notice from the franchisee to the franchisor will only be deemed effective if it fully complies with the agreement's requirements. This includes ensuring that all necessary documentation and procedures are followed to avoid any potential misunderstandings or disputes regarding the delivery and receipt of important communications.