When is a notice deemed given under the Fly Fitness agreement?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.7 Notices.
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 or by certified or registered mail, postage prepaid, addressed to the party for whom intended, and shall be deemed given on the date of delivery or delivery is refused.
All such notices shall be addressed to the party to be notified at their respective addresses as first above written, or at such other address or addresses as the parties may from time to time designate in writing.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, any notice required or permitted under the terms of the agreement must be in writing. The notice can be delivered personally or sent by certified or registered mail with postage prepaid, addressed to the intended party. The notice is considered given on the date of delivery, or if delivery is refused, on the date of refusal.
For a prospective Fly Fitness franchisee, this means that important communications, such as those regarding defaults or termination, must be formally delivered to be considered valid. It is crucial to maintain accurate records of all notices sent and received, including dates of delivery or refusal, as these dates have legal significance under the agreement.
The notice should be addressed to the party at their respective addresses as initially written in the agreement, unless a party designates a new address in writing. This ensures that all official communications are directed to the correct contact information.
This requirement for written notice delivered personally or by certified/registered mail is a standard practice in franchising, intended to provide a clear record of communication and receipt, minimizing potential disputes over whether a notice was properly given. Franchisees should be diligent in adhering to these notice provisions to protect their rights and ensure compliance with the Fly Fitness agreement.