What happens if delivery of a notice is refused under the Fly Fitness agreement?

According to Fly Fitness's 2024 Franchise Disclosure Document, any notice required or permitted under the terms of the agreement must be in writing and delivered personally or by certified or registered mail, with postage prepaid, to the intended party. The notice is considered given on the date of delivery or the date delivery is refused. This means that if a Fly Fitness franchisee refuses to accept a notice sent by certified or registered mail, the notice is still considered to have been given on the date of refusal.

This clause is important for prospective Fly Fitness franchisees because it clarifies how official communications will be handled and when they are considered to be received. By specifying that refusal of delivery constitutes receipt, Fly Fitness ensures that franchisees cannot avoid their obligations by simply refusing to accept notices. This provision covers all notices, so things like notice of breach, termination, or changes to the agreement are all covered under this clause.

For a Fly Fitness franchisee, this means they must ensure that their contact information is always up-to-date with Fly Fitness to avoid missing important notices. Even if a franchisee chooses not to accept a notice, they will still be held responsible for its contents from the date of refusal. This is a fairly standard clause in franchise agreements, designed to protect the franchisor's interests and ensure clear communication.