When does a modification to a covenant become effective after Spray Net provides written notice to the franchisee?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
All notices and demands required to be given must be in writing and sent by personal delivery, expedited delivery service, certified or registered mail, return receipt requested, first-class postage prepaid, facsimile or electronic mail, (provided that the sender confirms the facsimile or electronic mail, by sending an original confirmation copy by certified or registered mail or expedited delivery service within three (3) business days after transmission), to the respective party at the following address unless and until a different address has been designated by written notice.
For notices to Franchisor, the notice shall be addressed to
SPRAY-NET INC.
Attn: Patrick Simpson, Chief Operating Officer 1490 De Coulomb, Boucherville Quebec, Canada J4B 7M2
Any notices sent by personal delivery shall be deemed given upon receipt. Any notices given by facsimile or electronic mail shall be deemed given upon transmission, provided confirmation is made as provided above. Any notice sent by expedited delivery service or registered or certified mail shall be deemed given three (3) business days after the time of mailing. Any change in the foregoing addresses shall be effected by giving fifteen (15) days written notice of such change to the other parties. Business day for the purpose of this Agreement excludes Saturday, Sunday and the following national holidays: NewYear's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the franchise agreement outlines specific procedures for providing notices. Any notices sent via personal delivery are considered given upon receipt. If Spray Net sends notices by facsimile or electronic mail, they are deemed given upon transmission, provided the sender confirms the transmission by sending an original confirmation copy via certified or registered mail or expedited delivery service within three business days after transmission. For notices sent by expedited delivery service or registered or certified mail, they are considered given three business days after the time of mailing.
Furthermore, any changes to addresses for notification purposes require fifteen days' written notice to the other parties involved. A business day, as defined in the agreement, excludes Saturdays, Sundays, and specific national holidays, including New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas.
In practical terms, a Spray Net franchisee should pay close attention to the method by which they receive notices from the franchisor, as the effective date of a modification to a covenant depends on the delivery method. It is also important to note the specific holidays that are excluded from the definition of a business day, as this could impact the timing of when a notice is considered to be given. Franchisees should also ensure that Spray Net has their current contact information and that they promptly notify Spray Net of any address changes to ensure timely receipt of important notices.