How are payments or communications from Exit to a Sales Representative deemed to be received?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
- b) Notices.
All payments and communications which may be or are required to be given by Sales Representative or EXIT [Trade Name] to the other of them, shall (in the absence of any specific provision to the contrary) be in writing and delivered to Sales Representative or EXIT [Trade Name] at the principal address of EXIT [Trade Name] or the last home address of the Sales Representative that appears in the records of EXIT [Trade Name].
Delivery may be made by prepaid first class mail.
Any payment or communication so delivered shall be deemed to have been received at the time of delivery or mailing, as the case may be.
Source: Item 23 — RECEIPT (FDD pages 42–235)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, any payments or communications required between Exit and its Sales Representatives are to be in writing, unless otherwise specified. These written communications must be delivered to the Sales Representative's last known home address, as recorded by Exit, or to Exit's principal address.
Delivery of these communications can be made via prepaid first-class mail. The document specifies that any payment or communication delivered in this manner is considered to have been received either at the time of delivery or the time of mailing, depending on the method used.
This clause is important for establishing a clear record of communication and ensuring that both parties are aware of their obligations and rights. By specifying the methods of delivery and receipt, Exit aims to minimize potential disputes over whether a notice was properly given or a payment was made. Franchisees should ensure that Exit always has their current address on file to avoid any issues with receiving important notices or payments.