If a Jersey Mikes franchisee makes a prepayment, what written notification is required?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
Any and all notices required or permitted under this Agreement shall be in writing and be personally delivered or mailed by certified mail, return receipt requested, or by a nation ally recognized commercial courier service (e.g., Federal Express, UPS) to the respective parties at the addresses specified in the Summary Pages, unless and until a different address has been designated by written notice to the other party. All written notices, reports and payments permitted or required to be delivered by this Agreement will be deemed to be delivered on the earlier of the time actually delivered, or as follows: (i) at the time delivered via electronic transmission (if the sender has confirmation of successful transmission); (ii) one (1) day after being placed in the hands of a nationally recognized commercial courier service for next day delivery, or (iii) three (3) days after placement in United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid. Any notice that Franchisor sends to Developer by electronic means will be deemed delivered if it is sent to the email address of the Controlling Principal listed on the Summary Pages or any other email address the Controlling Principal has notified Franchisor of in writing, and/or any branded email address Franchisor issues such Controlling Principal.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
Based on the 2025 Jersey Mikes Franchise Disclosure Document, any and all notices required or permitted under the Franchise Agreement must be in writing. These written notices can be delivered either personally, via certified mail with a return receipt requested, or through a nationally recognized commercial courier service.
According to the FDD, all written notices, reports, and payments are considered delivered at the time of actual delivery or, if earlier, at the time of electronic transmission with confirmation, one day after being given to a national courier for next-day delivery, or three days after being placed in the U.S. Mail via registered or certified mail with prepaid postage and return receipt requested. For notices sent electronically to a developer, delivery is confirmed if sent to the Controlling Principal's email address listed on the Summary Pages or any other email address the Controlling Principal has provided to Jersey Mikes in writing, including any branded email address issued by Jersey Mikes to the Controlling Principal.
For a prospective Jersey Mikes franchisee, this means that any prepayment or related communication must be documented in writing and sent through approved channels to ensure proper notification and record-keeping. This protects both the franchisee and Jersey Mikes by providing a clear and verifiable trail of communication, which is particularly important for financial transactions like prepayments. Franchisees should maintain copies of all such notices and confirmations of delivery for their records.