When is a notice considered effective if the Chocolate Fish Coffee franchisee rejects the notice?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Chocolate Fish Franchising, addressed to 30 N.
Gould St., Ste R, 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, Chocolate Fish 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.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, a notice is considered effective upon receipt or first rejection. This applies to any notice issued under the Franchise Agreement. The notice must be in writing and delivered to the franchisee's address as specified in the Summary Page of the agreement or to Chocolate Fish Franchising's address at 30 N. Gould St., Ste R, Sheridan, WY 82801. Either party can designate a new address for notices by providing written notice of the change.
For a prospective Chocolate Fish Coffee franchisee, this means that if they refuse to accept a notice sent by Chocolate Fish Coffee via personal delivery, registered or certified U.S. mail with return receipt requested, or overnight courier, the notice is still considered effective as of the date of that first rejection. This is an important consideration for franchisees, as ignoring or refusing notices does not prevent them from taking effect.
However, Chocolate Fish Coffee may also amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication. This means that some notices can be delivered electronically, which may have different rules regarding when they are considered received or rejected. Franchisees should ensure they understand the specific requirements for different types of notices to avoid any misunderstandings or potential defaults on their agreement.