Under what circumstances does the All Team Franchise Agreement allow ATFC to act as the franchisee's attorney-in-fact?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE irrevocably appoints ATFC or ATFC's nominee to be FRANCHISEE's attorneyin-fact coupled with an interest, and with power of substitution, to execute and to file for FRANCHISEE any relevant document to accomplish the acts contemplated in this Section XII.C. ATFC has the right to file an original counterpart or a copy of this Agreement with the telephone company, landlord or any court, agency or person as written evidence of the appointment by FRANCHISEE of ATFC or ATFC's nominee to be FRANCHISEE's attorney-in-fact.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the franchisee irrevocably appoints ATFC (All Team Franchise Corporation) or ATFC's nominee as the franchisee's attorney-in-fact. This appointment is coupled with an interest and includes the power of substitution. This means All Team has the authority to act on behalf of the franchisee in specific situations outlined in Section XII.C of the Franchise Agreement.
All Team is granted the power to execute and file any relevant document for the franchisee to accomplish the acts contemplated in Section XII.C. Furthermore, All Team has the right to file an original counterpart or a copy of the Franchise Agreement with entities such as the telephone company, landlord, or any court, agency, or person. This filing serves as written evidence of the franchisee's appointment of All Team or its nominee as the franchisee's attorney-in-fact.
This clause ensures that All Team can take necessary actions on behalf of the franchisee under certain circumstances related to Section XII.C of the agreement. It is important for a prospective franchisee to carefully review Section XII.C to fully understand the scope and limitations of this power of attorney granted to All Team. Understanding the specific actions All Team can take on the franchisee's behalf is crucial for assessing the potential implications and obligations of the franchise agreement.