How must notices be delivered under the Kidokinetics agreement to be considered given?
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 must be in writing to be considered delivered. The notice is deemed delivered when sent via facsimile or electronic mail. Alternatively, notices are considered delivered when physically delivered by hand. If sent through the US mail, notice is deemed delivered three days after being placed in the mail. Finally, notice is considered delivered one day after being left with an overnight delivery service.
For a prospective Kidokinetics franchisee, this means that any official communication with Kidokinetics, whether sending or receiving, should adhere to these methods to ensure it is considered 'delivered' under the terms of the agreement. This is particularly important for time-sensitive matters, such as responding to a notice of default or requesting approval for a transfer.
The FDD specifies that changes to the addresses for notification must be communicated in writing to all parties involved. This ensures that all parties are kept up to date with the correct contact information, preventing potential issues with misdirected or undelivered notices. It is the franchisee's responsibility to keep Kidokinetics informed of any changes to their address to ensure they receive all important communications.
Typical franchise agreements contain similar clauses specifying how notices must be delivered to be considered valid. This standardization helps to avoid disputes over whether a notice was properly given and received, providing clarity and legal certainty for both the franchisor and the franchisee.