When are notices effective 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, any notice will be effective upon receipt (or first rejection). The notice must be in writing and delivered as specified in Section 18.9 of the franchise agreement.
For a Desi District franchisee, this means that important communications, such as notices of default or changes to system standards, are considered officially delivered the moment they are received or, if delivery is attempted and refused, from the moment of that first rejection. This places the onus on the franchisee to ensure they have a reliable system for receiving and processing official notices, as failing to do so could have significant consequences.
The FDD specifies that notices must be delivered personally, sent by registered or certified U.S. mail with return receipt requested, or sent via overnight courier. However, Desi District Franchise Group can amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication. Franchisees should be aware of these stipulations to ensure they are compliant with the notification terms outlined in the franchise agreement.