When are notices sent by personal delivery considered given under the Kitchen Solvers agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Notices. Except as otherwise provided in this Agreement, any notice, demand or communication provided for herein must be signed by the party serving the same and either delivered personally or by a reputable overnight service or deposited in the United States mail, service or postage prepaid, and if such notice is a notice of default or of termination, by registered or certified mail, and forwarded to the address specified on page 1 of this Agreement or to such other address as may have been designated by notice to the other party. Notices for purposes of this Agreement will be deemed to have been received if mailed or delivered as provided in this Subparagraph.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, notices are considered received when delivered as outlined in Subparagraph C of Item 22. This means that if a Kitchen Solvers franchisee personally delivers a notice, demand, or communication to the franchisor, it will be deemed to have been received at the time of delivery.
This clause is important for franchisees because it establishes a clear timeline for when Kitchen Solvers considers official communication to have been received. This can be especially critical in situations involving deadlines, such as responding to a notice of default or providing required information. Franchisees should ensure they maintain records of all notices delivered, including the date and time of delivery, to avoid any potential disputes regarding timeliness.
In addition to personal delivery, the agreement also allows for notices to be sent via reputable overnight service or through the United States mail, with service or postage prepaid. For notices of default or termination, Kitchen Solvers requires the use of registered or certified mail. Regardless of the delivery method, all notices must be sent to the address specified on page 1 of the agreement or any other address designated by either party through prior notice.