Under the Fat Shack agreement, how must notices be delivered to be considered given?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
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 franchise agreement must be in writing. The agreement specifies several acceptable delivery methods to ensure effective communication between Fat Shack and its franchisees. These methods include personal delivery, certified mail with return receipt requested, email, or an overnight delivery service that provides documentation of receipt.
For Fat Shack, notices should be sent to the physical address listed in the first paragraph of the Franchise Agreement. For the franchisee, notices can be sent to the physical address provided under the franchisee's signature in the agreement, or after the restaurant opens, to the restaurant location specified in the addendum. Email notices should be sent to the email address provided under each party's signature in the agreement, or to any other address that either party designates in writing.
The FDD states that a notice is considered effectively given immediately upon personal delivery or email. If using mail, notice is effective three days after being deposited in the United States mail with proper address and postage. When using an overnight delivery service, notice is considered given one day after being deposited with the service. This ensures that both Fat Shack and the franchisee have a clear understanding of when a notice is officially received, which is crucial for meeting deadlines and fulfilling obligations under the franchise agreement.