How must notices be given under the terms of 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 provided in writing. The notice must be delivered either personally or sent via certified or registered mail with prepaid postage.
The notice should be addressed to the intended party at their respective addresses as initially written in the agreement, or to any other address that the parties may designate in writing from time to time. The notice will be considered given on the date of delivery, unless delivery is refused, in which case it is still considered given on that date.
This requirement ensures that all important communications between Fly Fitness and its developers are documented and can be verified. Using certified or registered mail provides proof of sending and receipt, which can be crucial in resolving disputes or ensuring compliance with contractual obligations. This is a standard practice in franchising to maintain clear and legally defensible communication channels.