Does the Chocolate Bash franchise agreement require that all notices be made in writing?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
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, CB Franchising may amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication.
- 18.10 Holdover. If Franchisee continues operating the Business after the expiration of the term without a renewal agreement or successor franchise agreement executed by the parties in accordance with Section 3.2, then at any time thereafter (regardless of any course of dealing by the parties), CB Franchising may by giving written notice to Franchisee (the "Holdover Notice") either (i) terminate this Agreement effective immediately upon giving notice or effective on such other date as CB Franchising or (ii) bind Franchisee to a renewal term of [
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, the franchise agreement stipulates that any party can designate a new address for notices by providing notice. These notices are considered effective upon receipt or first rejection. The agreement specifies that notices must be delivered personally, sent by registered or certified U.S. mail with return receipt requested, or sent via overnight courier.
However, there are exceptions to this rule. CB Franchising retains the right to amend the Manual, provide binding notice of changes to System Standards, and deliver notices of default via electronic mail or other electronic communication.
Furthermore, if a Chocolate Bash franchisee continues to operate the business after the expiration of the franchise term without a renewal agreement, CB Franchising can provide written notice to either terminate the agreement immediately or bind the franchisee to a renewal term. This "Holdover Notice" must be in writing to be effective.