When is a notice sent by facsimile machine considered to have been given to Even Hotels?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Notices to Processor must be
sent to FDS Holdings, Inc., 4000 Coral Ridge Drive, MS/CON- MER-B, Coral Springs, FL 33065, Attn: Merchant Services. Notices to Bank must be sent to Bank of America, N.A., 9200 Shelbyville Road, Suite 200, KY6-225-0202, Louisville, KY 40222, Attention: Operations Manager. Notices shall be deemed to have been given (i) if sent by mail, upon the earlier of five (5) days after mailing or when actually received, (ii) if sent by courier, when delivered, and (iii) if sent by facsimile machine, when the courier confirmation copy is actually received. Notice given in any other manner shall be effective when actually received. Notices sent to your last known address, as indicated in our records, shall constitute effective notice to you under the Agreement. Processor's Customer Service phone number is 833-692-5687.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, a notice sent by facsimile machine is considered to have been given when the courier confirmation copy is actually received. This stipulation is part of the terms and conditions that outline how notices are to be delivered and when they are considered effective.
For a prospective Even Hotels franchisee, this means that if you need to send a formal notice to the Processor or Bank, sending it via fax is acceptable, but the date of the notice will be determined by when the confirmation copy from the fax courier is received. This is different from notices sent by mail, which are deemed given five days after mailing or when actually received, whichever is earlier, or by courier, which are deemed given when delivered.
It is important for franchisees to retain the courier confirmation copy as proof of delivery, as this will serve as the official record of when the notice was given. This requirement ensures clarity and accountability in formal communications, particularly those that may have legal or financial implications. Franchisees should be aware of these specific requirements to ensure compliance with the franchise agreement.