What methods are acceptable for delivering notices under the Desi District franchise agreement?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.9 Notices. Any notice will be effective under this Agreement only if made in writing and delivered as set forth in this Section to: (A) if to Franchisee, addressed to Franchisee at the notice address set forth in the Summary Page; and (B) if to Desi District Franchise Group, addressed to 13389 Marmolada Drive, Frisco, TX 75035.
Any party may designate a new address for notices by giving notice of the new address pursuant to this Section.
Notices will be effective upon receipt (or first rejection) and must be: (1) delivered personally; (2) sent by registered or certified U.S. mail with return receipt requested; or (3) sent via overnight courier.
Notwithstanding the foregoing, Desi District Franchise Group may amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, there are specific ways notices must be delivered to be considered effective under the franchise agreement. For notices from the franchisee to Desi District, or from Desi District to the franchisee, the notice must be in writing and delivered to the addresses specified in the Summary Page of the agreement, or to any new address properly designated through a separate notice.
Specifically, these notices are effective upon receipt (or first rejection) and must be delivered personally, sent by registered or certified U.S. mail with return receipt requested, or sent via overnight courier. This ensures a verifiable record of delivery and receipt for important communications related to the franchise agreement.
However, there is an exception: Desi District retains the right to use electronic methods for certain types of communication. Desi District may amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication. This allows Desi District to communicate these specific types of notices more efficiently.