When is a notice deemed given if sent electronically to Pearce Bespoke?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
All notices required under this Agreement must be in writing addressed to Franchisor at its corporate headquarters or to Franchisee at the last known address of Franchisee and will be deemed given: (i) if personally delivered on the date delivered, (ii) if sent in the United States mail, by certified mail, postage prepaid, three (3) business days after it is sent, (iii) if sent by a recognized overnight delivery service which requires a written receipt, one (1) business day after it is sent, or (iv) if sent electronically, on the date delivered to the authorized email address. You may change your notice address by giving written notice under this Section.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, any notices that the franchisee is required to send to the franchisor can be sent electronically. If a franchisee sends a notice electronically to the authorized email address, the notice is deemed to be given on the date it was delivered to that email address.
This stipulation is important for franchisees to understand, as many aspects of the franchise agreement require written notice to Pearce Bespoke. For example, the franchisee must provide written notice of their intent to renew the franchise agreement at least 180 days before the end of the current term. Failing to provide proper notice can have significant consequences for the franchisee.
In addition to electronic notice, the FDD specifies other methods for delivering official notices, including personal delivery, certified mail, and overnight delivery services. Each method has a different timeframe for when the notice is considered 'given.'