For Marble Slab Creamery, how many business days after mailing is a notice deemed to be given?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Each party may change its address by notice to each of the other parties as provided herein. Notices, if sent by mail, shall be deemed given on the fifth (5th) day following the deposit in United States mail, and, if delivered by hand, shall be deemed given when delivered.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, notices sent by mail are considered given five days after being deposited in the United States mail. This timeframe applies to any official communication between Marble Slab Creamery and the franchisee, such as changes of address.
This clause is important for franchisees to understand, as it dictates the timeline for official communications. For example, if Marble Slab Creamery sends a notice of default, it will be deemed to have been received five days after mailing, regardless of when the franchisee actually receives it. Franchisees should ensure that Marble Slab Creamery always has their current and correct mailing address to avoid missing important notices.
It is common practice in franchising for agreements to specify how notice is to be provided and when it is considered to have been given. This helps to avoid disputes about whether a party received a notice in a timely manner. Franchisees should pay close attention to these provisions in the franchise agreement.