When is a notice deemed to have been given under the Face Foundrie agreement?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever notice is required or permitted to be given under the terms of this Agreement, it shall be given in writing, and be delivered personally, by certified, express or registered mail, or by an overnight delivery service, postage prepaid, addressed to the party to be notified at the respective address first above written, or at such other address or addresses as the parties may from time to time designate in writing, provided that, Franchisor may provide Franchisee notice electronically to the email address included on Exhibit B to this Agreement, read receipt requested, unless and until a different email address has been designated by written notice to Franchisor.
Any notice by a means which affords the sender evidence of delivery, or rejected delivery, shall be deemed to have been given at the date and time of receipt or rejected delivery.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, a notice is considered given when the sender has evidence of delivery or rejected delivery. Specifically, the notice is deemed to have been given at the date and time of receipt or rejected delivery. This applies to any notice required or permitted under the terms of the Franchise Agreement.
For a prospective Face Foundrie franchisee, this means that it's crucial to use a method of delivery that provides proof, such as certified mail, express mail, registered mail, or an overnight delivery service. This ensures that there is a record of when the notice was either received or delivery was attempted and rejected. This is important for meeting deadlines or fulfilling obligations outlined in the agreement.
Face Foundrie also allows for electronic notice via email to the address on Exhibit B of the agreement, provided a read receipt is requested, unless another email address has been designated in writing. This offers another avenue for providing notice with proof of delivery. It is the franchisee's responsibility to maintain records of these notices and receipts to protect their interests and ensure compliance with the Franchise Agreement.
This type of clause is standard in franchise agreements to avoid disputes over whether a notice was properly given. By specifying the methods and timing, Face Foundrie aims to create a clear and enforceable process for communication between the franchisor and franchisee.