When are notices effective under the Fly To Fit franchise agreement?
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, notices are generally effective upon receipt or first rejection. To be valid, notices must be in writing and delivered to the franchisee's notice address as specified in the Summary Page, or to Fly To Fit at 1814 Central Ave, Albany, NY 12205. Either party can designate a new address for notices by providing written notice as described in the franchise agreement.
Specifically, the agreement requires that notices be delivered personally, sent by registered or certified U.S. mail with return receipt requested, or sent via overnight courier. This ensures a verifiable record of delivery and receipt, which is a common practice in franchising to avoid disputes over whether a notice was properly given.
However, there is an exception: Fly To Fit can amend the Manual, provide binding notice of changes to System Standards, and deliver notices of default via electronic mail or other electronic communication. This allows Fly To Fit flexibility in communicating certain types of information to franchisees more quickly and efficiently, which is increasingly common as franchise systems adopt digital communication methods.