Does the Aw franchise agreement require the franchisee to assign rights to any presence on the internet using the Marks after termination?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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;
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, upon termination of the franchise agreement, franchisees are required to assign all rights and interests in any internet presence using Aw's marks to Aw or its designee. This includes domain name registrations, websites, listings or presence on social media platforms, and any other online presence utilizing Aw's trademarks.
This requirement ensures that Aw maintains control over its brand and online identity even after a franchise agreement ends. The franchisee must also provide passwords and account manager access to facilitate the transfer. Additionally, the franchisee is obligated to notify all relevant parties about the termination of their license to use Aw's marks, which revokes their right to use any domain name, website, or other online presence associated with the brand.
This provision is fairly standard in franchising, as franchisors need to protect their brand identity and prevent former franchisees from misrepresenting themselves as part of the Aw system. Franchisees should be aware that they will lose all online assets associated with the brand upon termination and should plan accordingly for their future business endeavors.