factual

Does the Amerispec Inspection Services manual address who owns what in the franchise system?

Amerispec_Inspection_Services Franchise · 2025 FDD

Answer from 2025 FDD Document

This License Agreement ("Agreement") is made and effective as of this day of ,
20 (the "Effective Date") by and between TCB AMERISPEC, LLC, a Delaware limited liability
company, having its principal place of business located at 57 Germantown Ct. Suite 201, Cordova,
Tennessee 38018 ("AmeriSpec"), and, an AmeriSpec franchisee doing business
as
"AmeriSpec
Inspection
Service"
and
having
its
principal
place
of
business
located
at
("Franchisee"), WITNESSETH:

WHEREAS, AmeriSpec has a license to permit authorized parties to access web-based electronic mail accounts for AmeriSpec ("e-mail accounts") which are designed to facilitate communication between Franchisees, other third-parties and AmeriSpec for the purpose of, among other things, the scheduling of AmeriSpec inspections; and

WHEREAS, AmeriSpec desires to grant, and Franchisee desires to obtain permission and access to the e-mail account.

NOW, THEREFORE, AmeriSpec and Franchisee agree as follows:

    1. AmeriSpec will provide Franchisee with access to and the right to use the e-mail account as specified herein. AmeriSpec will provide up to a maximum of two (2) email accounts per franchise, as follows: If Franchisee's AmeriSpec franchise is owned by more than one individual, then AmeriSpec shall provide up to two (2) separate e-mail accounts. If the franchise is owned by a corporation or other type of legal business entity and more than one individual has executed a personal guaranty relative to the terms of the Franchise Agreement, then AmeriSpec shall provide up to two (2) separate e-mail accounts. Additional e-mail accounts may be created, but the Franchisee will be billed the then current charge for the additional accounts. AmeriSpec shall retain ownership of the e-mail account and e-mail address.
    1. A maximum of up to two (2) email accounts per franchise shall be provided at no cost to the Franchisee. AmeriSpec reserves the right to charge a license fee in the future, but shall provide at least 30 days' notice prior thereto. Franchisee shall be responsible for any costs incurred in either the use of or obtaining access to the e-mail account.
    1. The name for the address of the e-mail account (e-mail address) shall be as follows: (Franchisee's first initial) (Franchisee's last name)@AmeriSpec.net. For example: RSkinner@AmeriSpec.net. In the event a particular e-mail address is not available (for example, an existing franchisee has the same last name and first initial), then an alternative e-mail address will be provided.
    1. Access to the e-mail account is for Franchisee only. Franchisee shall not share this e-mail account with any other person or entity. Furthermore, Franchisee shall not demonstrate or give access to the e-mail account to another person or entity without the prior written approval of AmeriSpec.
    1. Either party may terminate this Agreement without cause upon 30 days' notice. AmeriSpec may terminate this Agreement immediately for good cause, including but not limited to violation of, or failure to follow, the guidelines as set forth herein or for failure to comply with the material terms of the Franchise Agreement between the parties. This Agreement and all rights granted herein shall

automatically terminate, without further notice, upon either the termination or expiration of the Franchise Agreement between the parties. This Agreement and all rights granted herein shall also automatically terminate, without further notice, upon Assignment (as defined in the Franchise Agreement) of the Franchisee's AmeriSpec franchise, unless the Assignment merely transfers ownership of the AmeriSpec franchise from an individual owner(s) to a Corporation or other legal business entity and the Franchisee retains majority ownership of that entity.

Source: Item 23 — Receipts (FDD pages 47–172)

What This Means (2025 FDD)

According to the 2025 Amerispec Inspection Services FDD, the franchise agreement clarifies ownership of various assets within the franchise system. AmeriSpec Inspection Services retains ownership of the email accounts provided to franchisees, even though franchisees have the right to use them. Upon termination or expiration of the franchise agreement, the franchisee must transfer all rights and interests in telephone and facsimile numbers, listings, email addresses, and social media accounts related to the business to Amerispec Inspection Services.

Additionally, the FDD states that franchisees must return all manuals, software (including proprietary software), and marketing materials bearing the Names and Marks to Amerispec Inspection Services upon termination or expiration of the franchise. This includes any material marked as property of the company or as confidential.

The franchise agreement also specifies that the franchisee is responsible for day-to-day management of the franchised business and decisions regarding hiring, disciplining, or terminating employees. However, franchisees must conduct their business in a manner that preserves the goodwill associated with the Names and Marks, and comply with the standards of quality or service established by Amerispec Inspection Services.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.