When is the date of mailing considered the date of giving notice for the Circle K agreement?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Notices. All written notices required or permitted to be given by this Agreement shall be deemed to be duly given if delivered personally or sent by certified, or overnight mail via a reputable national carrier, to the other party at the address set forth above or to such other address as may be furnished by either party to the other in writing in accordance with the provisions of this paragraph. The date of mailing shall be deemed the date of giving such notice, except for notice of change of address, which must be received to be effective.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the date of mailing is generally considered the date of giving notice under the franchise agreement. Specifically, this applies to all written notices required or permitted under the agreement. The notice must be delivered personally or sent via certified or overnight mail through a reputable national carrier to the specified address of the other party.
However, there is an exception to this rule. If a party is providing a notice of a change of address, the notice is only considered effective when it is actually received by the other party. This means that simply mailing a change of address is not sufficient; the other party must have received the notification for it to be valid.
This distinction is important for Circle K franchisees because it clarifies how official communications should be handled and when they are considered to be 'given' for legal purposes. Franchisees should ensure they have proof of mailing (such as a certified mail receipt) for all notices, and they should be particularly diligent about ensuring that address changes are not only sent but also confirmed as received to avoid any potential miscommunication or legal complications.