Does Amerispec Inspection Services have the power of attorney to transfer phone numbers from the franchisee?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.7 Cancelation of Assumed Names and Telephone Numbers and Listings.
Upon termination or expiration of the Franchise, the Franchisee shall expeditiously take such action as may be required (a) to properly cancel all assumed names or equivalent registrations relating to the use of the Names and Marks; and (b) to transfer or vest in the Company all interest in and rights to use all telephone and facsimile numbers, all listings, email addresses and all social media accounts whether or not bearing the Names and Marks (collectively "listings and accounts") used by the Franchisee in any manner related to the operation of, or applicable to, the Franchised Business, and the Company shall thereupon have the full and exclusive right to use such listing and accounts or to authorize the use thereof by another franchisee of the Company.
The Franchisee authorizes the Company, and appoints the Company its attorney-in-fact, to direct the telephone company and all listing agencies to transfer such listings and accounts to the Company or as it may in writing direct.
Any amounts owing by the Franchisee on account of such listings and accounts shall be paid immediately by the Franchisee.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to Amerispec Inspection Services's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee is required to transfer all rights to telephone numbers and listings used for the business to Amerispec Inspection Services. The document explicitly states that the franchisee authorizes Amerispec Inspection Services to act as their attorney-in-fact to direct the telephone company and listing agencies to transfer these listings and accounts. This ensures that Amerispec Inspection Services maintains control over the brand's presence and contact information in the market, even after a franchise agreement ends.
This provision is significant for prospective franchisees because it means that any phone numbers or listings they establish for their Amerispec Inspection Services franchise become the property of the franchisor upon termination or expiration of the agreement. Franchisees will not be able to retain these assets for use in another business venture. This is a fairly standard practice in franchising to protect the brand and ensure a smooth transition when a franchise changes hands.
Furthermore, the franchisee is responsible for paying any outstanding amounts associated with these listings and accounts. This financial obligation reinforces the franchisee's responsibility to maintain these assets in good standing throughout the term of the franchise agreement. The franchisor's ability to act as the franchisee's attorney-in-fact simplifies the transfer process, but it also underscores the importance of understanding the terms of the franchise agreement regarding termination and asset ownership.
In summary, the power of attorney granted to Amerispec Inspection Services ensures a seamless transfer of essential business contact information, protecting the brand's continuity and market presence. Prospective franchisees should carefully consider these terms and their implications for their business operations and potential exit strategies.