When is a notice considered to be received by either Engel & Volkers or the franchisee?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
26.10 Notices: All notices, consents and approvals permitted or required to be given under this Agreement shall be in writing and shall be deemed to be sufficiently and duly given if set forth in writing and delivered personally or in the case of Franchisee, if left with an adult person working at Franchisee's business, or, in the case of either party, if sent by a prepaid registered or certified letter or by overnight courier service or transmitted by e-mail or other form or recorded communication (with a confirming copy mailed if sent only by e-mail or other form of recorded communication), addressed as follows:
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volölkers' 2025 Franchise Disclosure Document, any notices, consents, and approvals required under the Franchise Agreement must be in writing. These notices are considered duly given when delivered personally, or in the case of the franchisee, left with an adult at the franchisee's business. Alternatively, notices are considered given if sent by prepaid registered or certified letter, overnight courier service, or transmitted by email or other recorded communication, provided a confirming copy is mailed if the original notice was sent only via email or recorded communication.
This section outlines the specific methods Engel & Volkers and its franchisees must use to communicate formal notices, consents, and approvals. By requiring written notices and specifying acceptable delivery methods, Engel & Volkers aims to ensure clarity and documentation of important communications. The inclusion of email and recorded communication as acceptable methods, with the added requirement of a confirming mailed copy, reflects a balance between modern communication practices and the need for reliable record-keeping.
For a prospective Engel & Volkers franchisee, understanding these notice provisions is crucial. It ensures that they are aware of how official communications will be delivered and what constitutes proper notification. Franchisees should pay close attention to the requirement of sending a confirming copy by mail when using email or recorded communication, as failure to do so could potentially invalidate the notice. This section helps to avoid misunderstandings and disputes related to the delivery and receipt of important information between Engel & Volkers and its franchisees.