In the World of Franchising every thing must be documented as the relationships could go South and turn into litigation. It has not always been this way, however due to the number of attorneys trying to scrap the creme off the money flows in the industry it has become a constant legal game. Personally I am more in line with Caesars thinking of what to do with all these professional parasites or Lawyers. [opinion].Never the less part of the CYA documentation war in franchising has to do with notices and communication between franchisors and franchisees.
It is for this reason that I had decided to re-write our franchise agreement to include this clause below;.7.4 Notices and Communications.
All notices required by this Franchise Agreement will be in writing. They may be sent by international air mail, certified or registered mail, postage prepaid and return receipt requested, first class-postage prepaid return receipt requested; international overnight courier or such other means of delivery affording proof of receipt. They may be delivered personally and receipted.
Notices will be delivered to Franchisee at the address of the Franchised Business as set forth in this Franchise Agreement, to Franchisor at our mailing address at; _____________, or to other locations specified in writing.If Franchisee is a business entity, Franchisee must designate in writing to Franchisor the name and address of its agent to receive notice. Notice to the agent will be conclusively presumed to be full and adequate notice to Franchisee. Notice shall be deemed to have been given on the date of actual receipt, or if delivery is refused, on the date of attempted delivery.
-------- ---------- ---------.Now then you of course will need to discuss this with your own lawyer if you are a franchisor, as I am not a lawyer nor would I stoop that low. It made sense for our company to consider this issue and address it in this way and you may find another solution, but consider all this in 2006.
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By: Lance Winslow
