When is a notice sent via electronic mail considered delivered to Ifly?
Ifly Franchise · 2024 FDDAnswer from 2024 FDD Document
Any notice shall be deemed to have been given at the time of personal delivery or, in the case of expedited delivery service on the next business day, or, in the case of registered or certified mail three (3) business days after the date and time of mailing, or, in the case of electronic mail, upon transmission (provided confirmation is sent by expedited delivery service or registered or certified mail as provided above). Any change in the foregoing addresses shall be effected by giving fifteen (15) days written notice of such change to the other parties.
Source: Item 23 — Receipts (FDD pages 57–174)
What This Means (2024 FDD)
According to Ifly's 2024 Franchise Disclosure Document, a notice sent via electronic mail is considered delivered upon transmission, provided that confirmation is sent by expedited delivery service or registered or certified mail. This means that for any official communication required or permitted under the Franchise Agreement, simply sending an email is not sufficient on its own.
For a franchisee, this implies a dual obligation when sending notices to Ifly via email. First, the email must be transmitted. Second, the franchisee must also send a confirmation copy of the email via expedited delivery service or registered or certified mail within three business days after the email transmission. The notice is only considered 'given' once both of these steps are completed.
This requirement ensures that Ifly actually receives the notice and has a verifiable record of it. It reduces the risk of a franchisee claiming a notice was sent but Ifly never received it. Franchisees should maintain records of both the email transmission and the confirmation delivery to prove that notice was properly given. This dual-method approach is more stringent than simply requiring a read receipt or return email confirmation, as it involves a physical mailing for verification.