If a notice related to the Chatime agreement is sent by post, when is it considered received by the addressee?
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 related to the franchise agreement must be in writing to have legal effect. Chatime may deliver this notice via prepaid priority post, email, or physical delivery to the address specified in the agreement or as subsequently notified.
If Chatime sends a notice by prepaid priority post, it will be considered received by the franchisee on the third business day after posting, calculated from the address to which it was sent. For example, a notice posted on a Monday would be considered received on Thursday, assuming all three days are business days. This timeframe allows for standard postal delivery times.
For notices delivered by email, the time of receipt depends on when the email was sent. An email sent before 5:00 pm on a business day is considered received on the same day. However, if the email is sent after 5:00 pm or on a non-business day, it is considered received on the next business day. Similarly, a physically delivered notice is considered received on the day of delivery if delivered before 5:00 pm on a business day; otherwise, it is considered received on the next business day.
It is important for a prospective Chatime franchisee to understand these notification procedures, as they define when official communications are considered to have been received, which can impact deadlines and obligations under the franchise agreement.