According to the Itan franchise agreement, how is notice deemed to be given?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
All notices and notifications given under this Agreement must be in writing and must be delivered by: (a) hand delivery; (b) registered or certified air mail, postage prepaid, return receipt requested; (c) special delivery service (e.g., Federal Express, DHL, UPS, etc.); or (d) email, in each case to the following addresses (which may be changed upon 10 business days' prior notice):
YOU: As set forth in Part A of ATTACHMENT "A"
US: iTAN Franchising, Inc.
1784 La Costa Meadows Dr., #101 San Marcos, California 92078 Attention: Chief Executive Officer
Email: Faraje@itan.com
Notice is deemed given on the earliest to occur of: (i) the date delivered by hand; (ii) the third (3rd) business day after placed in the mail or provided to special delivery services in accordance with clause (b) or (c) above; or (iii) the first (1st) calendar day after sent by email.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the franchise agreement specifies how notice is deemed to be given. Itan requires all notices and notifications to be in writing and delivered by hand, registered or certified air mail (postage prepaid, return receipt requested), special delivery service (e.g., Federal Express, DHL, UPS), or email. These notices must be sent to the specified addresses, which can be changed with 10 business days' prior notice. For the franchisee, notices are sent as set forth in Part A of ATTACHMENT "A". For Itan, notices are sent to the address at 1784 La Costa Meadows Dr., #101, San Marcos, California 92078, with attention to the Chief Executive Officer, and via email to Faraje@itan.com.
Notice is considered given on the earliest of the following dates: the date of hand delivery, the third business day after mailing or providing to a special delivery service, or the first calendar day after sending by email. This means that Itan and its franchisees must adhere to these methods to ensure that any official communication is legally recognized.
This level of detail is typical in franchise agreements to avoid ambiguity and ensure that both parties are clear on when a notice is officially received. Franchisees should pay close attention to these requirements to ensure they meet all contractual obligations and deadlines, as time is of the essence in the agreement.