Does the Aw franchise agreement specify whether the franchisee is responsible for transferring customer data 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;
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, the franchisee is required to transfer certain digital assets to Aw. Specifically, the franchisee must assign to Aw all rights and interests in domain name registrations, websites, listings, and presence on social media platforms that use Aw's marks. This includes providing passwords and account manager access. The franchisee must also notify the necessary 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 featuring Aw's branding. This notification serves to authorize the transfer of these digital assets to Aw.
Additionally, the Aw franchise agreement stipulates that the franchisee must promptly notify the telephone company and all listing agencies about the termination or expiration of their right to use any telephone number and telephone directory listings associated with Aw's marks. The franchisee is required to authorize the transfer of these telephone numbers and listings to Aw or at Aw's direction. Aw retains the sole right to and interest in all telephone numbers and directory listings associated with its marks.
While the franchise agreement explicitly covers the transfer of domain names, websites, social media presence, telephone numbers, and directory listings, it does not specifically mention the transfer of other forms of customer data that a franchisee may have collected during the operation of the Aw franchise. A prospective franchisee should seek clarification from Aw regarding the handling of customer data beyond these specified digital assets upon termination or expiration of the franchise agreement.