factual

In the Carvel franchise agreement, are references to a number of days considered calendar days or business days?

Carvel Franchise · 2025 FDD

Answer from 2025 FDD Document

If Carvel Franchisor SPV LLC offers you a franchise, we must provide this Disclosure Document to you 14 calendar days before you sign a binding agreement with, or make a payment to, the franchisor or an affiliate in connection with the proposed franchise sale. Iowa requires that we provide you with this Disclosure Document at the earlier of the first personal meeting or 14 calendar days before you sign a binding agreement with, or make payment to, us or one of our affiliates in connection with the proposed sale. New York requires that we provide you with this Disclosure Document at the earlier of the first personal meeting or ten business days before you sign a binding agreement with, or make payment to, us or one of our affiliates in connection with the proposed sale. Michigan requires that we provide you with this Disclosure Document ten business days before you sign a binding agreement with, or make payment to, us or one of our affiliates in connection with the proposed sale.

Any notice under this Agreement must be in writing and is deemed delivered: (i) 1 business day after being sent by commercial courier service for next business day delivery; or (ii) 5 days after being deposited in the United States mail for certified or registered delivery, return receipt requested, postage prepaid.

You must submit to us, using the forms that we provide to you, complete and accurate statements of (i) the costs that you incurred developing the Franchised Business prior to the Opening Date, which shall be due to us within 30 calendar days after the Opening Date and (ii) the costs you incur during the first 90 days of operating your Franchised Business, which shall be due to us within 120 calendar days after the Opening Date.

Source: Item 23 — Receipts (FDD pages 100–353)

What This Means (2025 FDD)

According to the 2025 Carvel FDD, the franchise agreement specifies both calendar days and business days in different contexts. For instance, Carvel must provide the Franchise Disclosure Document to prospective franchisees 14 calendar days before signing an agreement or making a payment. However, in New York and Michigan, the document must be provided ten business days prior.

Regarding financial obligations, franchisees must submit statements of pre-opening costs within 30 calendar days after the opening date and costs incurred during the first 90 days of operation within 120 calendar days after the opening date.

For legal notices under the Guaranty Agreement, the FDD states that notices are deemed delivered one business day after being sent by commercial courier for next business day delivery, or five days after being deposited in the U.S. mail. This distinction is important for franchisees to understand, as deadlines are calculated differently depending on whether they are specified as calendar days or business days.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.