What rights does the attorney-in-fact have if the Azal Coffee franchisee fails to execute the documents?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
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)
According to Azal Coffee's 2024 Franchise Disclosure Document, if a franchisee fails or refuses to transfer telephone numbers and electronic media to Azal Coffee, an officer of Azal Coffee is appointed as the franchisee's attorney-in-fact. This appointment grants the attorney-in-fact the authority to direct service providers and listing agencies to transfer these items to Azal Coffee or their agent.
Specifically, the attorney-in-fact is empowered to sign all necessary documents on behalf of the franchisee to complete the transfer of both telephone numbers and electronic media. This includes directing applicable service providers and listing agencies to acknowledge Azal Coffee's exclusive rights to the telephone numbers, electronic media, and directory listings, and to execute their transfer.
This measure ensures that Azal Coffee can maintain control over its brand's communication channels and online presence, even if a franchisee is uncooperative. It protects Azal Coffee's interests by allowing them to quickly regain control of these assets, which are crucial for business operations and marketing. For a prospective franchisee, this highlights the importance of understanding and complying with the terms of the franchise agreement regarding the use and transfer of telephone numbers and electronic media.