Upon termination or expiration of the Aw franchise agreement, what must the franchisee do with telephone numbers and directory listings associated with the Marks?
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;
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 must promptly notify the telephone company and all listing agencies about the termination or expiration of their right to use any telephone number and any telephone directory listings associated with Aw's Marks. They must also 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. Franchisees authorize Aw, through the execution of a Collateral Assignment of Telephone Number, to act as their attorney-in-fact. This allows Aw to direct the telephone company and listing agencies to transfer the numbers and listings if the franchisee fails or refuses to do so. The telephone company and listing agencies can accept Aw's direction or the franchise agreement as conclusive evidence of Aw's exclusive rights.
This requirement ensures that Aw maintains control over its brand identity and customer communication channels even after a franchise agreement ends. It prevents potential confusion among customers who might associate the phone number or listing with a former Aw location. The franchisee effectively relinquishes any claim to the phone numbers and listings, acknowledging Aw's ownership and right to transfer them.