What is the Assignor warranting regarding their telephone obligations and indebtedness to All Dogs Unleashed?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS TELEPHONE NUMBER ASSIGNMENT AGREEMENT is made as of this day of , 20 ("Assignment") by and between (hereinafter the "Assignor") and ADU Franchise limited liability company (hereinafter the "Assignee"). |
|---|
| WITNESSETH: |
| WHEREAS, Assignee has acquired the license to use and to sublicense the use of a business format and |
| dog training business ("System") under the trade name and service mark ALL |
| system for the operation of a |
| DOGS UNLEASHED |
| (the "Franchised Business"); |
| WHEREAS, Assignor has been granted a license to operate a Franchised Business |
| pursuant to a Franchise |
| Agreement dated |
| , 20 |
| , |
| in |
| accordance |
| with |
| the |
| System |
| ("Franchise |
| Agreement"); |
| WHEREAS, in order to operate its Franchised Business, the Assignor shall be acquiring one or more |
| telephone numbers, telephone listings and telephone directory advertisements; and |
WHEREAS, as a condition to the execution of the Franchise Agreement, the Assignee has required that the Assignor assign all of its right, title and interest in its telephone numbers, telephone listings and telephone directory advertisements to the Assignee in the event of the expiration or termination of the Franchise Agreement;
NOW, THEREFORE, in consideration of the foregoing, the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
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- Assignment. In the event of termination of the Franchise Agreement, and in order to secure continuity and stability of the operation of the System, the Assignor hereby sells, assigns, transfers and conveys to the Assignee all of its rights, title and interest in and to certain telephone numbers, telephone listings and telephone directory advertisements pursuant to which Assignor shall operate its Franchised Business in accordance with the terms of the Franchise Agreement; provided, however, such Assignment shall not be effective unless and until the Franchise Agreement expires or is terminated in accordance with the provisions thereof.
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- Representation and Warranties of the Assignor. The Assignor hereby represents, warrants and covenants to the Assignee that:
- (a) As of the effective date of the Assignment, all of the Assignor's obligations and indebtedness for telephone, telephone listing services and telephone directory advertisement services shall be paid and current;
- (b) As of the date hereof, the Assignor has full power and legal right to enter into, execute, deliver and perform this Agreement;
- (c) This Agreement is a legal and binding obligation of the Assignor, enforceable in accordance with the terms hereof;
- (d) The execution, delivery and performance of this Assignment does not conflict with, violate, breach or constitute a default under any contract, agreement or instrument to which the Assignor is a party or by which the Assignor is bound, and no consent of nor approval by any third party is required in connectio
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, as a condition of the Franchise Agreement, the assignor is required to assign all rights, title, and interest in their telephone numbers, listings, and directory advertisements to the assignee (presumably All Dogs Unleashed) upon the agreement's expiration or termination. This assignment ensures operational continuity for the All Dogs Unleashed system.
The assignor represents and warrants that, as of the assignment's effective date, all obligations and indebtedness for telephone, telephone listing services, and telephone directory advertisement services are paid and current. This warranty protects All Dogs Unleashed from inheriting any outstanding debts or liabilities related to these services when the telephone assets are transferred.
Additionally, the assignor warrants having full legal power and right to enter into, execute, deliver, and perform the agreement, ensuring it's a legal and binding obligation, enforceable under its terms. The assignor also confirms that the assignment doesn't conflict with any other agreements and that they possess the specific power to assign and transfer rights to the telephone listings, having obtained all necessary consents for the assignment.