How should notices to TMC under the Circle K agreement be delivered, and when are they considered duly given?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.8 Notices. All notices required or permitted to be given under this Agreement to TMC will be in writing and will be made by overnight courier service, personal service upon an officer, or sent by prepaid registered or certified United States mail to any such officer of TMC, and will be deemed to have been duly given 24 hours after being sent by overnight courier service or five (5) days after being deposited in the United States mail for certified or registered delivery, addressed to TMC at 1130 West Warner Road, Tempe, Arizona 85284, Attention: Worldwide Franchising Group.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, all notices required to be given to TMC must be in writing. These notices can be delivered via overnight courier service, personal service upon an officer, or sent by prepaid registered or certified United States mail to any officer of TMC. The address for TMC is 1130 West Warner Road, Tempe, Arizona 85284, Attention: Worldwide Franchising Group.
For notices delivered via overnight courier, they are considered duly given 24 hours after being sent. If the notice is sent through certified or registered mail, it is considered duly given five days after being deposited in the United States mail.
It is important for prospective Circle K franchisees to understand these notification procedures, as failing to adhere to them could have legal and financial repercussions. Using the wrong method or not allowing enough time for delivery could result in a notice not being considered 'duly given,' potentially leading to missed deadlines or other contractual issues.