In the Azal Coffee assignment contract, what information is required to be filled in for the franchisee?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- Introduction. Franchisee has obtained a license from Franchisor for the operation of a business using Franchisor's Azal Coffee franchise business systems ("Franchise Systems"). which business Franchisee acquired by signing a Franchise Agreement dated (the "Franchise Agreement").
In consideration of Franchisor granting the license to Franchisee, Franchisee has agreed to assign all Telephone Numbers and Electronic Media (as defined below) that are associated with Franchisee's Azal Coffee franchise business (the "Franchise Business") and/or the Franchise Systems to Franchisor.
For purposes of this Agreement, "Telephone Numbers" includes all telephone numbers and fax numbers used in connection with the Franchise Business, including in connection with advertising and marketing for the Franchise Business.
For purposes of this Agreement, "Electronic Media" means the Internet, email, websites, mobile applications, social networks, wikis, podcasts, online forums, content sharing communities, blogging, other social media accounts or participations (including Facebook, Twitter, LinkedIn, YouTube, Pinterest, and Instagram), mobile technology, and other digital media, digital coupons, keyword or adword purchasing programs, search engine optimization, search engine marketing, and marketing using other forms of digital media, used in connection with the operation, advertising, and marketing of the Franchise Business.
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- Assignment of Telephone Numbers/Power of Attorney.
Franchisee assigns all Telephone Numbers to Franchisor or its successor or assign.
Franchisee hereby appoints an officer of Franchisor as Franchisee's attorney-in-fact to transfer the Telephone Numbers to Franchisor and to sign, on behalf of Franchisee, all documents necessary to accomplish the transfer.
- 3. Assignment of Electronic Media/Power of Attorney.
Franchisee assigns all Electronic Media to Franchisor or its successor or assign.
Franchisee also hereby appoints an officer of Franchisor as Franchisee's attorney-in-fact to transfer the Electronic Media to Franchisor and to sign, on behalf of Franchisee, all documents necessary to accomplish the transfer.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, the Azal Coffee assignment contract requires the franchisee to acknowledge the assignment of telephone numbers and electronic media to the franchisor. Specifically, the franchisee agrees to assign all telephone numbers and electronic media associated with their Azal Coffee franchise business to Durar Investment, LLC. This includes providing the date of the Franchise Agreement.
Telephone numbers include all telephone and fax numbers used for the Franchise Business, especially those used in advertising and marketing. Electronic media is broadly defined to include the Internet, email, websites, mobile applications, social networks, and various other digital platforms used for the business. The franchisee also appoints an officer of Azal Coffee as their attorney-in-fact to facilitate the transfer of these assets, signing all necessary documents on their behalf.
This assignment ensures that Azal Coffee maintains control over the brand's communication channels and digital presence, even when a franchise changes hands. It prevents potential confusion or misuse of these assets by a former franchisee. The franchisee must comply with these terms to finalize the transfer of the franchise, ensuring a smooth transition and protecting the integrity of the Azal Coffee brand.
If a franchisee fails or refuses to transfer the Telephone Numbers and Electronic Media, Azal Coffee is authorized to direct the applicable service providers and all listing agencies to transfer those items to them or their agent or assignee. The service providers and listing agencies are authorized to accept the direction in the Agreement as conclusive evidence of Azal Coffee's exclusive rights in the Telephone Numbers and Electronic Media and directory listings and their authority to direct their transfer.