For Cinnaholic franchise agreement notices delivered by mail or overnight service, when is the notice considered to be delivered?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever notice is required or permitted to be given under the terms of this Agreement, it shall be given in writing, and be delivered personally, by certified, express or registered mail, or by an overnight delivery service (e.g., Federal Express), postage prepaid, addressed to the party to be notified at the respective address first above written, or at such other address or addresses as the parties may from time to time designate in writing. Notices shall be deemed delivered on the date shown on the return receipt or in the delivery service's records as the date of delivery or on the date of first attempted delivery, if actual delivery cannot for any reason be made.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, any notice required or permitted under the franchise agreement must be in writing. The notice can be delivered personally, by certified, express, or registered mail, or through an overnight delivery service like Federal Express. Postage must be prepaid, and the notice should be addressed to the intended party at their designated address.
For notices sent via mail or overnight delivery service, the delivery date is determined by the date shown on the return receipt or the delivery service's records. If actual delivery cannot be made for any reason, the notice is considered delivered on the date of the first attempted delivery.
This clause is important for prospective Cinnaholic franchisees because it clarifies how official communication will occur and when it is considered to have been received. Franchisees should keep records of all notices sent and received to ensure compliance with the franchise agreement, as the timing of notices can impact important deadlines and obligations.