What methods are acceptable for delivering notices or demands under the Dog Haus agreement?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
against Franchisee arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise).
- 19.12 Consequential Damages. If any other term of this Agreement is found or determined to be unconscionable or unenforceable for any reason, the foregoing provisions shall continue in full force and effect, including, without limitation, Franchisee's waiver of any right to claim any consequential damages. Nothing in this Section 19.13 or any other provision of this Agreement shall be construed to prevent Franchisor from claiming and obtaining expectation or consequential damages, including lost future royalties for the balance of the Term if it is terminated due to Franchisee's default, which the Parties agree and acknowledge Franchisor may claim under this Agreement.
- 19.13 Survival. The provisions of this Article 19 shall survive the expiration, termination or non-renewal of this Agreement.
20. NOTICES.
All notices or demands to be given under this Agreement shall be in writing and shall be served in person, by air courier delivery with a guaranteed tracking facility, by certified mail, by facsimile transmission or by electronic transmission (email). Service shall be deemed conclusively made (i) at the time of service, if personally served; (ii) three (3) business days after delivery by the Party giving the notice, statement or demand if by air courier with a guaranteed tracking facility; (iii) three (3) business days after placement in the United States mail by Certified Mail, Return Receipt Requested, with postage prepaid; (iv) on the day of facsimile transmission to the facsimile number given below if confirmation of receipt is obtained by the sender promptly after completion of facsimile transmission;
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, all notices or demands must be in writing. Acceptable delivery methods include in-person service, delivery by air courier with a guaranteed tracking facility, certified mail, facsimile transmission, or electronic transmission (email).
The FDD specifies when service is considered complete for each method. For personal service, it's the time of service. If using an air courier with a guaranteed tracking facility, service is deemed complete three business days after delivery by the party giving the notice. For certified mail with return receipt requested and postage prepaid, service is complete three business days after placement in the U.S. mail. For fax, it's the day of transmission if confirmation of receipt is obtained promptly. Similarly, for email, it's the day of transmission if confirmation of receipt is obtained promptly.
The document also provides the initial contact information for Dog Haus corporate, including the physical address, contact person, and email. It also specifies the address and contact information for legal notices. It is important to note that the copy to the lawyer does not constitute notice. The FDD states that either party can change their address for receiving notices by providing written notice to the other party.
It is important for prospective Dog Haus franchisees to understand these requirements to ensure proper communication with the franchisor and to avoid any potential disputes arising from improper notice. Franchisees should also confirm if the notice provisions apply to all forms of communication or if certain exceptions exist.