According to the Dq Treat FDD, how are notices deemed given?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.3 Notice. Except as otherwise provided in this agreement, any notice, demand or communication provided for in this agreement must be in writing and signed by the party serving it and delivered personally, by a reputable overnight service or deposited in the United States mail (by registered or certified mail if it is a notice of default), service or postage prepaid, or, if notice is to a Licensee, via the email account or other form of electronic communication maintained by Licensee pursuant to Section 6.5(C) of this Agreement, to the extent permitted by law, or as otherwise provided in the Operations Manual. A notice delivered by overnight service is deemed received the day after it is given to the overnight service; a notice delivered by regular, registered or certified mail is deemed received 4 days after it is given to the United States Postal Service, or any shorter period in which the notice was actually delivered. A notice delivered by email or other form of electronic communication is deemed received on the date the notice was actually delivered. Notices will be addressed as follows:
- (A) If intended for Company, addressed to the President, American Dairy Queen Corporation, 8000 Tower, Suite 700, 8331 Norman Center Drive, Bloomington, MN 55437 U.S.A.;
- (B) If intended for Licensee, addressed to Licensee at the Authorized Location designated on the cover page. If Licensee is an entity or consists of more than one individual, then notices may be addressed to any single individual or Owner identified on the Ownership Addendum attached to this agreement. Legal notices sent to the individual or Owner will be deemed received by the Licensee; or
- (C) To another address as designated by written notice to the other party.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, notices are deemed given based on the delivery method used. If a notice is delivered by overnight service, it is considered received the day after it is given to the overnight service. For notices sent via regular, registered, or certified mail, receipt is assumed to occur 4 days after it is given to the United States Postal Service, unless actual delivery occurs sooner. Notices delivered through email or other electronic communication methods are deemed received on the date of actual delivery.
These stipulations are important for franchisees to understand, as they dictate the timelines for responding to official communications from Dq Treat, especially concerning defaults or other critical issues. For instance, if Dq Treat sends a notice of default by certified mail, the franchisee has only a limited time to respond from the date the notice is deemed received, which could be as little as 4 days after mailing. Failing to adhere to these timelines could result in further penalties or termination of the franchise agreement.
The FDD specifies that notices to Dq Treat should be addressed to the President at the company's headquarters in Bloomington, MN. Notices to the franchisee should be sent to the Authorized Location listed on the cover page of the agreement. If the franchisee is a business entity or consists of multiple individuals, notices can be sent to any single individual or Owner identified on the Ownership Addendum, and such notice will be considered received by the Licensee. It is the franchisee's responsibility to ensure that Dq Treat has the correct and current contact information to avoid any issues with notification.
These notice provisions are fairly standard in franchise agreements. Franchisees should maintain meticulous records of all communications with Dq Treat, including dates of sending and receipt, to ensure compliance with the agreement and protect their rights. Understanding these details is crucial for maintaining a good working relationship with the franchisor and avoiding potential disputes.