What happens to an Aw franchisee's right to use telephone numbers and social media accounts associated with "PAPA RAY'S PIZZA & WINGS" upon expiration or termination of the Franchise Agreement?
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 the 2025 Aw Franchise Disclosure Document, a franchisee's right to use telephone numbers and social media accounts associated with the "PAPA RAY'S PIZZA & WINGS" brand terminates upon the expiration or termination of the Franchise Agreement. The franchisee must promptly notify the telephone company and listing agencies about the termination of their right to use any telephone number and directory listings associated with the Aw marks, authorizing the transfer of these to Aw. Additionally, the franchisee must assign all rights and interests in domain name registrations, websites, and social media presences using the Aw marks to Aw or its designee, including providing passwords and account access.
Aw retains the sole right to and interest in all telephone numbers and directory listings associated with its marks. The franchisee, by signing the Exhibit 4 Collateral Assignment of Telephone Number, appoints Aw as their attorney-in-fact to direct the telephone company and listing agencies to transfer the phone numbers and listings to Aw if the franchisee fails to do so. The telephone company and listing agencies can accept the franchise agreement as conclusive evidence of Aw's exclusive rights and authority to direct the transfer.
This transfer ensures that Aw maintains control over its brand identity and customer communications, preventing potential misuse or confusion after a franchise agreement ends. It is a fairly standard practice in franchising to ensure brand consistency and protect the franchisor's intellectual property. The franchisee is also obligated to provide evidence of compliance with these obligations within thirty days after the termination or expiration date.