Besides methods provided by law, what are the acceptable methods for sending a notice connected with the Chatime agreement?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.1 A notice or other communication connected with this Agreement (Notice) has no legal effect unless it is in writing.
- 21.2 In addition to any other method of service provided by law, the Notice may be:
- (1) Sent by prepaid priority post to the address of the addressee set out in this Agreement or subsequently notified;
- (2) Sent by email to the email address of the addressee set out, respectively, in Sections 8-10 of Schedule 1, or subsequently notified; or
- (3) Delivered at the address of the addressee set out in this Agreement or subsequently notified.
- 21.3 If the Notice is sent or delivered in a manner provided by clause 21.2, it must be treated as given to and received by the party to which it is addressed:
- (1) If sent by post, on the third Business Day (at the address to which it is posted) after posting;
- (2) If sent by email before 5 pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
- (3) If otherwise delivered before 5 pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to Chatime's 2025 Franchise Disclosure Document, any notice or communication regarding the Franchise Agreement must be in writing to have legal effect. Beyond methods provided by law, Chatime specifies three acceptable methods for delivering official notices.
First, a notice can be sent via prepaid priority post to the address listed in the agreement or any subsequently notified address. If sent by post, the notice is considered received on the third business day after posting, calculated from the address to which it was sent. Second, notices may be sent by email to the email address specified in Sections 8-10 of Schedule 1 of the agreement, or to any subsequently notified email address. An email sent before 5:00 pm on a business day is considered received on that day; otherwise, it is deemed received on the next business day.
Third, a notice can be physically delivered to the address specified in the agreement or any subsequently notified address. If delivered before 5:00 pm on a business day, it is considered received upon delivery; otherwise, it is deemed received on the next business day. It is important for prospective Chatime franchisees to understand these notification methods to ensure timely and effective communication with the franchisor, as adherence to these guidelines is crucial for all legally binding communications related to the franchise agreement.