Does the Aw franchise agreement require the franchisee to authorize the transfer of telephone numbers associated with the Marks to Aw after termination?
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, upon termination or expiration of the franchise agreement, franchisees are required to take specific actions regarding telephone numbers and listings associated with Aw's Marks. The franchisee must promptly inform the telephone company and listing agencies about the termination or expiration of their right to use any telephone number and directory listings connected to Aw's Marks. Furthermore, the franchisee must authorize the transfer of these telephone numbers and listings to Aw or as directed by Aw. This ensures that Aw maintains control over its brand identity and customer communication channels even after a franchise agreement ends. The franchisee also acknowledges that Aw has the sole right to and interest in all telephone numbers and directory listings associated with the Marks.
To ensure compliance, the franchise agreement includes a provision where the franchisee appoints Aw or any of its officers as their attorney-in-fact. This appointment grants Aw the authority to direct the telephone company and listing agencies to transfer the telephone numbers and listings if the franchisee fails or refuses to do so. The agreement states that telephone companies and listing agencies can accept Aw's direction or the franchise agreement itself as conclusive evidence of Aw's exclusive rights to these telephone numbers and listings, and its authority to direct their transfer. This measure protects Aw's interests and ensures a smooth transition of these assets.
In addition to telephone numbers, the franchisee must also assign to Aw or its designee all rights to any domain name registrations, websites, and social media presences that use Aw's Marks. This includes providing passwords and account manager access. The franchisee is also obligated to notify the relevant parties about the termination of their license to use the Marks, which revokes their right to use any domain name, website, or other online presence associated with the Marks. Within 30 days of the termination or expiration date, the franchisee must provide Aw with satisfactory evidence of their compliance with these obligations. These comprehensive requirements ensure that Aw can maintain its brand consistency and control over its intellectual property and customer-facing communications after a franchise agreement concludes.