Does a notice to Gold Star entitle the franchisee to further notice in similar circumstances?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
20.1 Company Address. All notices to the COMPANY required by the terms of this Agreement shall be in writing and either delivered personally or sent by reputable overnight delivery service, or by certified mail (postage prepaid, return receipt requested), addressed to the COMPANY at its office at:
Gold Star Chili, Inc. 650 Lunken Park Drive Cincinnati, Ohio 45226 Attention: Director of Franchising
(or at such other address as COMPANY shall designate in the Manual or otherwise in writing).
- 20.2 Franchisee Address. All notices to FRANCHISEE required by the terms of this Agreement shall be in writing and either delivered personally to an adult person working at the Retail Location, or sent by reputable overnight delivery service, or by regular or certified mail (postage prepaid, return receipt requested), addressed to FRANCHISEE at FRANCHISEE's address set forth on the cover page of this Agreement (or at such other address as FRANCHISEE shall designate in writing).
- 20.3 Deemed Delivery. Any notice by certified mail shall be deemed to have been delivered on the second business day after the date when deposited in the mail; or if sent by reputable overnight delivery service, on the first business day after delivered to the service; or, if personally delivered, when so delivered.
Source: Item 23 — Receipts (FDD pages 53–163)
What This Means (2025 FDD)
The 2025 Gold Star Franchise Disclosure Document does not specify whether a notice to Gold Star entitles the franchisee to further notice in similar circumstances. The document outlines the procedures for providing notice to both Gold Star and the franchisee, but it does not address the scenario where an initial notice triggers an obligation for subsequent notices.
Item 20.1 details how a franchisee should send a notice to Gold Star, specifying that it must be in writing and either delivered personally, sent by reputable overnight delivery service, or by certified mail to Gold Star's headquarters. Item 20.2 describes how Gold Star will provide notice to the franchisee, which includes delivering it personally to an adult at the retail location, via overnight delivery, or by regular or certified mail to the franchisee's address on record.
Because the FDD does not address whether a notice to Gold Star entitles the franchisee to further notice in similar circumstances, a prospective franchisee should clarify this point with Gold Star. Understanding Gold Star's policy on this matter can help the franchisee anticipate future communication procedures and potential obligations.