How should notices be given under the Fat Shack Development Agreement?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
24.13. Notices
All notices required to be given under this Agreement will be given in writing, by personal delivery, certified mail, return receipt requested, e-mail or an overnight delivery service providing documentation of receipt, at the physical address set forth in the first paragraph of this Agreement in the case of FSI, at the physical address set forth below Franchisee's signature to this Agreement or at the Restaurant Location set forth in the Addendum (after the Franchisees FAT SHACK Restaurant has first opened for business) in the case of Franchisee, at the e-mail address for either party set forth below each party's signature to this Agreement, or at such other addresses as FSI or Franchisee may designate in writing from time to time. Notice will be effectively given when personally delivered or delivered by e-mail to the proper e-mail address, three days after being deposited in the United States mail, with proper address and postage prepaid, and one day after being deposited with the overnight delivery service, as may be applicable.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, all notices required under the Development Agreement must be in writing. These notices can be delivered through several methods, providing flexibility for both Fat Shack Inc. (FSI) and the franchisee.
The acceptable methods for delivering notices include personal delivery, certified mail with return receipt requested, email, or an overnight delivery service that provides documentation of receipt. The notice is considered effectively given when personally delivered or emailed. If sent via certified mail, it is considered delivered three days after being deposited in the United States mail with proper address and postage. For overnight delivery, notice is effective one day after being deposited with the delivery service.
The notice should be sent to the physical address specified in the first paragraph of the Development Agreement for FSI. For the franchisee, it should be sent to the physical address provided below the franchisee's signature on the agreement, or to the Restaurant Location listed in the Addendum after the Fat Shack restaurant has opened for business. Notices can also be sent to the email address provided below each party's signature. Either party may designate a different address for notices by providing written notice to the other party.