How are notices and communications under the Healthsource Chiropractic HIPAA Agreement deemed to be given?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
All written notices, reports and payments permitted or required under this Agreement or by the Operations Manual will be deemed delivered: (a) at the time delivered by hand; (b) one (1) business day after transmission by telecopy, facsimile or other electronic system; (c) one (1) business day after being placed in the hands of a reputable commercial courier service for next business day delivery; or (d) three (3) business days after placed in the U.S. mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid; and addressed to the party to be notified or paid at the address below, or its most current principal business address of which the notifying party has been advised, or to any other place designated by either party. Any required
notice, payment or report which we do not actually receive during regular business hours on the date due (or postmarked by postal authorities at least two (2) days before it is due) will be deemed delinquent. Notice shall be sent to the following addresses:
To us: HealthSource Chiropractic, LLC
P.O. Box 770050 Lakewood, OH 44107
To you: The address(es) listed in Exhibit 2.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, all written notices, reports, and payments required under the agreement or the Operations Manual are considered delivered under the following conditions: (a) at the time delivered by hand; (b) one business day after transmission by telecopy, facsimile, or other electronic system; (c) one business day after being placed in the hands of a reputable commercial courier service for next business day delivery; or (d) three business days after being placed in the U.S. mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid. These notices must be addressed to the party being notified or paid at the address provided or the most current principal business address known to the notifying party, or any other designated place.
Healthsource Chiropractic emphasizes that any required notice, payment, or report not actually received during regular business hours on the due date (or postmarked at least two days before it is due) will be considered delinquent. This strict timeline underscores the importance of franchisees adhering to the specified methods and deadlines for all communications and payments to avoid potential breaches of the agreement.
For a Healthsource Chiropractic franchisee, this means that it is crucial to maintain accurate records of all notices sent and received, and to ensure that all communications and payments are dispatched well in advance of their due dates using the prescribed methods. Franchisees should also promptly update Healthsource Chiropractic of any changes to their principal business address to ensure that notices are received without delay. This level of detail in defining how notices are delivered is typical in franchise agreements to minimize ambiguity and potential disputes over communication and payment obligations.