When is a notice deemed given under the Fly Fitness agreement if sent by mail?
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 must be delivered personally or sent via certified or registered mail with prepaid postage to the intended party.
The notice is considered given on the date of delivery, or if delivery is refused, on the date of refusal. This means that if a Fly Fitness franchisee sends a notice by mail, it's not the postmark date that matters, but the date the recipient actually receives it or refuses to receive it.
All notices should be addressed to the respective parties at their addresses as initially written in the agreement, or to any other address that the parties may designate in writing from time to time. This ensures that all official communications are properly documented and directed to the correct contact information, which is crucial for legal and contractual matters related to the Fly Fitness franchise.