When are payments deemed received by Healthsource Chiropractic?
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.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to Healthsource Chiropractic's 2025 Franchise Disclosure Document, all payments are considered delivered based on the delivery method. If delivered by hand, it's deemed delivered at the time of delivery. For telecopy, facsimile, or other electronic systems, it's one business day after transmission. If a reputable commercial courier service is used for next business day delivery, it's one business day after being placed in their hands. If sent via U.S. mail by Registered or Certified Mail, Return Receipt Requested, with postage prepaid, it's three business days after being placed in the mail.
However, Healthsource Chiropractic must actually receive the payment during regular business hours on the date it is due, or it must be postmarked by postal authorities at least two days before the due date to avoid being considered delinquent. This means that even if a franchisee uses one of the approved delivery methods, the payment must still arrive on time to be considered received without penalty.
For a prospective Healthsource Chiropractic franchisee, this means that it is crucial to ensure that all payments are sent with enough lead time to account for potential delays in delivery. Franchisees should also be aware of Healthsource Chiropractic's business hours and ensure that payments arrive during those hours. Using electronic methods or commercial couriers might be preferable to standard mail to ensure timely delivery and avoid late fees or other penalties. Franchisees should also retain proof of timely sending, such as receipts from registered mail or courier services, in case any disputes arise regarding the timeliness of payments.
It is also important to note that Healthsource Chiropractic has the right to apply any payment it receives from a franchisee to any past due indebtedness, regardless of how the franchisee designates the payment should be applied. This could impact how a franchisee manages their finances with Healthsource Chiropractic, as a current payment could be diverted to cover older debts, potentially leading to new late fees or other issues if not carefully managed.