Under the Care Plus Medical Ucc agreement, when is a notice considered effective?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.9 Notices. Any notice will be effective under this Agreement only if made in writing and delivered as set forth in this Section to: (A) if to Franchisee, addressed to Franchisee at the notice address set forth in the Summary Page; and (B) if to Care Plus Medical UCC, addressed to 30 N Gould Street, Ste N, Sheridan, WY 82801.
Any party may designate a new address for notices by giving notice of the new address pursuant to this Section.
Notices will be effective upon receipt (or first rejection) and must be: (1) delivered personally; (2) sent by registered or certified U.S. mail with return receipt requested; or (3) sent via overnight courier.
Notwithstanding the foregoing, Care Plus Medical UCC may amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, a notice is considered effective upon receipt or first rejection. To be valid, the notice must be in writing and delivered as specified in Section 18.9 of the franchise agreement.
Specifically, notices must be addressed to the franchisee at the address listed on the Summary Page of the agreement. If the notice is for Care Plus Medical Ucc, it should be sent to 30 N Gould Street, Ste N, Sheridan, WY 82801. Either party can designate a new address for notices by providing notice of the new address according to the guidelines in Section 18.9.
The acceptable methods of delivery include personal delivery, registered or certified U.S. mail with return receipt requested, or overnight courier. However, there is an exception: Care Plus Medical Ucc can amend the Manual, provide binding notice of changes to System Standards, and deliver notices of default via electronic mail or other electronic communication.
This means that franchisees must ensure their contact information is up-to-date with Care Plus Medical Ucc and regularly check all communication channels, including electronic ones, for important notices. Failing to do so could result in missed deadlines or important information, potentially leading to breaches of the franchise agreement.