For the Cream franchise, where should notices be sent to the franchisee?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
All written notices, reports, and payments permitted or required to be delivered by this Agreement will be deemed to be delivered by the earlier of the time actually delivered, or as follows: (1) at the time delivered via electronic transmission and, in the case of amounts due, at the time we actually receive electronic payment, (2) one business day after being placed in the hands of a nationally recognized commercial courier service for next business day delivery, or (3) three business days after placement in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid. Notices must be sent to the party to be notified at its most current principal business address of which the notifying party has notice; except that, it will always be deemed acceptable to send notice to you at the address of any Jeni's Ice Creams Scoop Shop that you operate. Any notice we send you by electronic means will be deemed delivered if it is delivered to the address of the Principal Owner listed on Attachment C, or any other email address your Principal Owner has notified us of, and/or any branded email address we issue your Principal Owner that is associated with the System.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream requires that all written notices, reports, and payments be delivered either at the time of actual delivery, via electronic transmission (with receipt of electronic payment for amounts due), one business day after being placed with a nationally recognized commercial courier for next business day delivery, or three business days after being sent by Registered or Certified Mail, Return Receipt Requested, with postage prepaid.
Notices to Cream franchisees must be sent to the franchisee's most current principal business address of which the notifying party has notice. Cream will always deem it acceptable to send notice to the address of any Cream Scoop Shop that the franchisee operates. Any notice Cream sends to the franchisee by electronic means will be considered delivered if sent to the address of the Principal Owner listed on Attachment C, any other email address the Principal Owner has notified Cream of, and/or any branded email address Cream issues the Principal Owner that is associated with the System.
This level of detail is typical for franchise agreements, as it aims to provide clarity and legal certainty regarding how official communications should be handled. Franchisees should ensure that Cream always has their current contact information to avoid missing important notices or deadlines. The multiple methods of delivery also provide flexibility and redundancy, reducing the risk of miscommunication.