How are notices delivered to Dq Treat to be considered effective?
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.
- 15.4 Authority. Any modification, consent, approval, authorization or waiver granted under this agreement that is required to be effective by signature will be valid only if in writing executed by an authorized signatory of Licensee's on behalf of Licensee or, if on behalf of Company, in writing executed by its President or one of its Vice Presidents.
- 15.5 References. If Licensee consists of 2 or more individuals, the individuals are jointly and severally liable, and references to Licensee in this agreement include
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 Dq Treat's 2025 Franchise Disclosure Document, any notice, demand, or communication must be in writing and signed by the party serving it. The notice can be 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), with service or postage prepaid. For notices to a Licensee, it can be sent via email or other electronic communication maintained by the Licensee, if permitted by law or as provided in the Operations Manual.
For overnight service, the notice is considered received the day after it is given to the overnight service. If sent by regular, registered, or certified mail, it is considered 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 intended for Dq Treat should be addressed to the President, American Dairy Queen Corporation, at the specified address in Bloomington, MN. Notices intended for the Licensee should be addressed to the Licensee at the Authorized Location designated on the cover page. If the Licensee is an entity or consists of more than one individual, notices may be addressed to any single individual or Owner identified on the Ownership Addendum. Legal notices sent to the individual or Owner will be deemed received by the Licensee. An alternative address can be designated by written notice to the other party.
Any modification, consent, approval, authorization, or waiver granted under the agreement that requires a signature to be effective must be in writing and executed by an authorized signatory of the Licensee or, if on behalf of the Company, in writing executed by its President or one of its Vice Presidents. If the Licensee consists of two or more individuals, they are jointly and severally liable, and references to the Licensee in the agreement include all individuals.