Under what condition is electronic transmission (email) considered conclusively made for notices to Dog Haus?
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;
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, any notices or demands must be in writing and can be served in person, by air courier with tracking, certified mail, fax, or email. For electronic transmissions to be considered conclusively made, the sender must obtain confirmation of receipt promptly after completion of the electronic transmission to the email address provided.
This means that simply sending an email is not enough. The sender needs to ensure they receive some form of confirmation that the email was received by Dog Haus. This could be an automated read receipt, a reply from the recipient, or any other method that provides proof of receipt. Without this confirmation, the notice may not be considered officially served.
For Dog Haus, notices should be sent to Dog Haus Worldwide, LLC, with attention to Erik Hartung at erik@doghaus.com. A copy should also be sent to Barry Kurtz, Esq. at bkurtz@lewitthackman.com; however, this copy does not constitute official notice. It is important for prospective franchisees to understand these notification procedures to ensure proper communication with Dog Haus and to avoid any misunderstandings or potential breaches of contract due to improper notice.