When is a notice, request, consent, or other communication deemed to be given and effective under the Kidokinetics Franchise Agreement?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- j. All notices permitted or required by this Confidentiality and Non-Compete Agreement must be in writing, and deemed delivered when sent by facsimile, electronic mail, or when delivered by hand, or three (3) days after being placed in the US mail, or one (1) day after being left with an overnight delivery service. Notices will be addressed to the party to be notified at the following addresses:
If directed to Franchisor:
Kidokinetics Franchise LLC 10428 West SR 84, Unit 1, Davie, Florida 33324 Attention: Terri Braun
If directed to Franchisee: If directe ed to Covenantor: Any change in the foregoing addresses will be effected by giving written notice of such change to the other parties.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, all notices related to the Confidentiality and Non-Compete Agreement must be in writing to be considered valid. The notice is deemed delivered under specific conditions depending on the delivery method.
Specifically, a notice is considered delivered when sent via facsimile or electronic mail. It's also considered delivered immediately upon hand delivery. If sent through the US mail, it's deemed delivered three days after being placed in the mail. For overnight delivery services, the notice is considered delivered one day after being left with the service.
These stipulations are important for franchisees to understand, as they dictate when Kidokinetics considers official communication to have been received. This can affect deadlines, obligations, and legal standing related to the franchise agreement. Franchisees should ensure they have a reliable method for sending and receiving notices via these channels and maintain records of all communications.