How many business days after placement with a commercial courier service are notices considered delivered for a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
All written notices, reports, and payments permitted or required to be delivered by this Agreement or the Brand Manual 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 the Royalty, Brand Fund Contributions, and other 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.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, notices delivered to a Cream franchisee via a nationally recognized commercial courier service for next business day delivery are considered delivered one business day after placement with the courier service. This is relevant for any written notices, reports, and payments required by the Franchise Agreement or Brand Manual.
This means that if Cream sends a notice to a franchisee using a courier service with next-day delivery, the franchisee is officially considered to have received the notice one business day after Cream gives it to the courier. This is important because many deadlines and response times in the agreement are triggered by the delivery of notices.
In addition to delivery via a commercial courier, the FDD states that notices can also be delivered via electronic transmission at the time of delivery or three business days after placement in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid. Franchisees should ensure that Cream has their most current principal business address to avoid any issues with receiving important notices.