When are notices sent by telex or facsimile 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)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, the agreement specifies how notices, demands, or communications should be delivered, but it does not mention telex or facsimile. According to the FDD, any notice must be signed by the party serving it and can be delivered personally, via a reputable overnight service, or by depositing it in the United States mail with prepaid service or postage. If the notice pertains to default or termination, it must be sent via registered or certified mail to the address specified in the agreement or another designated address.
For Kitchen Solvers, notices are considered received when mailed or delivered as described in the agreement. This means that the date of mailing or delivery to an overnight service is what matters for determining when the notice is officially considered to have been given.
Because the FDD does not address the use of telex or facsimile, a prospective Kitchen Solvers franchisee should clarify with the franchisor whether these methods are acceptable for sending official notices and, if so, when such notices would be deemed to have been received. This clarification is important to ensure compliance with the terms of the franchise agreement and to avoid any misunderstandings regarding important communications.