What is the Itan franchisor's obligation regarding the delivery of agreements in California?
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.
24.15.Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same document.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
Based on the 2025 Itan Franchise Disclosure Document, the franchisor's obligation regarding the delivery of agreements in California is not explicitly detailed within the provided excerpts. However, the FDD does provide information on how notices are to be delivered.
According to the FDD, all notices and notifications given under the agreement must be in writing and delivered by: hand delivery; registered or certified air mail, postage prepaid, return receipt requested; special delivery service; or email to the specified addresses. The franchisee's address is as set forth in Part A of ATTACHMENT "A", while Itan's address is 1784 La Costa Meadows Dr., #101 San Marcos, California 92078, with the email Faraje@itan.com. Notice is deemed given on the earliest to occur of: the date delivered by hand; the third business day after placed in the mail or provided to special delivery services; or the first calendar day after sent by email.
While the excerpts do not specify particular requirements for delivering agreements in California, they do state that the parties have executed the agreement effective as of the effective date first above written. The agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same document. A prospective franchisee should seek clarification from Itan regarding any specific requirements or procedures for delivering agreements, especially concerning legal compliance in California.