How many business days after mailing is notice to Goldfish Swim School deemed received?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Notice shall be deemed effective on the date received, and regardless of whether the notice is signed for by the recipient, notice shall be deemed received two (2) business days after mailing.
All notices required or permitted under this Agreement shall be in writing and shall be deemed received: (a) at the time delivered by hand to the recipient party (or to an officer, director or partner of the recipient party); (b) on the next business day after transmission by facsimile or other reasonably reliable electronic communication system; (c) two (2) business days after being sent via guaranteed overnight delivery by a commercial courier service; or (d) five (5) business days after being sent by Registered Mail, return receipt requested.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, there are varying stipulations regarding when a notice is considered 'received.' One section states that notice is deemed received two business days after mailing, regardless of whether the notice was signed for by the recipient. However, another section states that when sent by Registered Mail, return receipt requested, notice is considered received five business days after being sent.
These discrepancies highlight the importance of franchisees understanding the specific context and method of delivery when sending notices to Goldfish Swim School. Franchisees should pay close attention to the specific clause or section of the Franchise Agreement that governs the particular notice they are sending to ensure compliance.
To avoid any potential disputes or misunderstandings, a Goldfish Swim School franchisee should clarify with the franchisor which method of delivery and corresponding timeframe for receipt is preferred or required in different situations. This could involve seeking written clarification or incorporating specific notice requirements into an addendum to the Franchise Agreement.