How is the effective date of a notice determined for a Crowne Plaza franchise if sent by courier?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
Notices to Processor must be sent to FDS Holdings, Inc., 4000 Coral Ridge Drive, MS/CON- MER-B, Coral Springs, FL 33065, Attn: Merchant Services. Notices to Bank must be sent to Bank of America, N.A., 9200 Shelbyville Road, Suite 200, KY6-225-0202, Louisville, KY 40222, Attention: Operations Manager. Notices shall be deemed to have been given (i) if sent by mail, upon the earlier of five (5) days after mailing or when actually received, (ii) if sent by courier, when delivered, and (iii) if sent by facsimile machine, when the courier confirmation copy is actually received. Notice given in any other manner shall be effective when actually received. Notices sent to your last known address, as indicated in our records, shall constitute effective notice to you under the Agreement. Processor's Customer Service phone number is 833-692-5687.
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to Crowne Plaza's 2025 Franchise Disclosure Document, the effective date of a notice depends on the method of delivery. Specifically, if a notice is sent to the Processor, which is FDS Holdings, Inc., or to the Bank, which is Bank of America, N.A., the notice is considered given based on the delivery method used.
For notices sent via courier, the effective date is when the notice is actually delivered. This means that the date the courier service physically hands over the notice to the intended recipient (FDS Holdings, Inc. or Bank of America, N.A.) is the date the notice is considered to have been given.
In contrast, if the notice is sent by mail, it's deemed effective either five days after mailing or when actually received, whichever comes first. If sent by facsimile, it's effective when the courier confirmation copy is actually received. Any other method of notification is effective only when the notice is actually received. It is also important to note that notices sent to the franchisee's last known address, as indicated in the franchisor's records, are considered effective.