When is a notice deemed to have been given to Card My Yard if sent by electronic mail?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
Any and all notices required or permitted under this Agreement shall be in writing and shall be personally delivered or mailed by expedited delivery service or certified or registered mail, return receipt requested, first-class postage prepaid, or sent by electronic mail to the respective parties at the following addresses unless and until a different address has been designated by written notice to the other party:
Notices to us: CMY Franchising, LLC 761 W. 1200 N., Suite 300 Springville, Utah 78734 Attention: Joshua Arnold Telephone: (512) 943-2693 e-mail:josh@cardmyyard.com Notices to you and Name: your Owners: Street Address: City, State Zip: Attention: Telephone: e-mail:
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, any notices required or permitted under the agreement must be in writing and can be personally delivered, sent by expedited delivery service, certified or registered mail with return receipt requested and first-class postage prepaid, or sent by electronic mail. The document specifies the addresses for sending notices to Card My Yard and to the franchisee. However, the FDD does not specify when a notice sent via electronic mail is deemed to have been received.
Because the FDD lacks specific details on when an email notice is considered 'given' or 'received', prospective franchisees should seek clarification from Card My Yard regarding their policy on electronic notifications. Understanding this timeline is crucial, as it could impact deadlines and obligations outlined in the franchise agreement.
It would be prudent for potential Card My Yard franchisees to discuss with the franchisor what constitutes effective notice via email. Specifically, franchisees should ask about whether a read receipt is required, or if the date the email was sent is considered the date of notification. This information will help avoid potential misunderstandings or disputes regarding important communications.