What delivery actions constitute effective notice to Fly To Fit Franchise?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.9 Notices. Any notice will be effective under this Agreement only if made in writing and delivered as set forth in this Section to: (A) if to Franchisee, addressed to Franchisee at the notice address set forth in the Summary Page; and (B) if to Fly To Fit Franchise, addressed to 1814 Central Ave, Albany, NY 12205.
Any party may designate a new address for notices by giving notice of the new address pursuant to this Section.
Notices will be effective upon receipt (or first rejection) and must be: (1) delivered personally; (2) sent by registered or certified U.S. mail with return receipt requested; or (3) sent via overnight courier.
Notwithstanding the foregoing, Fly To Fit Franchise may amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, any notice required under the Franchise Agreement is only considered effective if it is in writing and delivered as specified in Section 18.9. For notices to Fly To Fit Franchise, they must be addressed to 1814 Central Ave, Albany, NY 12205. However, Fly To Fit Franchise can provide a new address for notices.
Effective notice requires one of the following delivery methods: personal delivery, sending the notice by registered or certified U.S. mail with a return receipt requested, or using an overnight courier service. The notice is deemed effective upon receipt or the first rejection of delivery.
However, there is an exception: Fly To Fit Franchise can use electronic mail or other electronic communication to amend the Manual, give binding notice of changes to System Standards, and deliver notices of default. This means that while franchisees must adhere to stricter delivery methods for most communications, Fly To Fit has more flexibility in how they provide certain types of notices to franchisees. Franchisees should be aware of these specific requirements to ensure their communications are considered valid and received by Fly To Fit.