Does the FDD specify any exceptions to the requirement that an Aw franchisee assign telephone numbers and social media accounts?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) promptly notify the telephone company and all listing agencies of the termination or expiration of your right to use any telephone number and any telephone directory listings associated with the Marks and to authorize transfer of same to or at our direction.
You acknowledge that as between the Company and you, we have the sole right to and interest in all telephone numbers and directory listings associated with the Marks, and you authorize us, and by execution of the Exhibit 4 Collateral Assignment of Telephone Number have appointed us and any of our officers as your attorney-in-fact, to direct the telephone company and all listing agencies to transfer same to us or at its direction, should you fail or refuse to do so, and the telephone company and all listing agencies may accept such direction or this Agreement as conclusive of our exclusive rights in such telephone numbers and directory listings and its authority to direct their transfer;
(e) assign to us or our designee all of your right, title and interest in and to any domain name registrations, any web sites, and any listings or presence on any social media platforms or social media networks, or other presence on the internet using the Marks, including passwords and account manager access, and shall promptly notify the necessary parties of the termination of your license to use the Marks, and therefore, your right to use any domain name, website, or other presence on the internet using the Marks, and to authorize a transfer of same to us or our designee;
(f) furnish to us within thirty (30) days after the effective date of termination or expiration evidence satisfactory to us of your compliance with the foregoing obligations.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees are generally required to assign their telephone numbers and social media accounts to Aw upon termination or expiration of the franchise agreement. Specifically, the franchisee must notify the telephone company and listing agencies about the termination of their right to use phone numbers and directory listings associated with Aw's marks, authorizing the transfer of these to Aw.
This requirement extends to all online presences, including domain names, websites, and social media accounts that use Aw's marks. Franchisees must assign all rights and interests in these digital assets to Aw or its designee, providing necessary passwords and access information. They are also obligated to inform relevant parties about the termination of their license to use Aw's marks, which revokes their right to use any online presence associated with the brand.
The FDD mentions Exhibit 4, titled "Collateral Assignment of Telephone Number and Social Media Accounts," indicating the formal agreement used for this transfer. This assignment ensures that Aw maintains control over its brand identity and customer communications after a franchise agreement ends. The franchisee is obligated to provide evidence of compliance with these requirements within 30 days of the termination or expiration date.