factual

Does Azal Coffee have rights to the Telephone Numbers and Electronic Media used in the Franchise Business?

Azal_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

-----------| | Durar Investment, LLC, a Michigan limited liability company ("Franchisor") and | | | | , a | | | | ("Franchisee"). | | |

  • 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.
    1. 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.
    1. Limited License; Responsibility for Costs. Franchisor grants Franchisee a limited license to use the Telephone Numbers and Electronic Media in connection with the Franchise Business only during the term of the Franchise Agreement and only as long as Franchisee complies with the policies and procedures specified by Franchisor. On the expiration without renewal or termination of the Franchise Agreement, this limited license will terminate and Franchisee must cease all use of the Telephone Numbers and Electronic Media. On the termination of this license, Franchisee must cooperate with Franchisor and provide any authorizations as may be necessary for Franchisor to assert its rights in the Telephone Numbers and Electronic Media. While this limited license is in effect, Franchisee is responsible for all costs associated with the Telephone Numbers and Electronic Media and, unless otherwise specified by Franchisor, must pay those costs directly to the providers of the Telephone Numbers and Electronic Media.
    1. Access to Telephone Numbers and Electronic Media. Franchisor will have the right to access all accounts relating to the Telephone Numbers and Electronic Media. Franchisee must provide to Franchisor all information necessary to allow Franchisor to access those accounts, including usernames, passwords, security codes, and all changes to any of that information.

  • 6. Consent.

Source: Item 22 — CONTRACTS (FDD page 51)

What This Means (2024 FDD)

According to Azal Coffee's 2024 Franchise Disclosure Document, Azal Coffee retains rights to the telephone numbers and electronic media used in the Franchise Business. As a condition of being granted the franchise license, the franchisee agrees to assign all telephone numbers and electronic media associated with their Azal Coffee franchise to the franchisor.

The FDD defines "Telephone Numbers" as all telephone and fax numbers used in connection with the Franchise Business, including those used for advertising and marketing. "Electronic Media" is broadly defined to include the Internet, email, websites, mobile applications, social networks, online forums, content sharing communities, blogging, other social media accounts, mobile technology, digital media, digital coupons, keyword or adword purchasing programs, search engine optimization, search engine marketing, and other forms of digital media used for the operation, advertising, and marketing of the Franchise Business.

The franchisee appoints an officer of Azal Coffee as their attorney-in-fact to transfer the Telephone Numbers and Electronic Media to Azal Coffee and to sign all necessary documents to complete the transfer. Upon expiration or termination of the Franchise Agreement, the franchisee must immediately cease using all telephone and fax numbers, email addresses, website addresses, domain names, and other electronic media used in the Franchise Business. If requested by Azal Coffee, the franchisee must assign some or all of these Telephone Numbers and Electronic Media to them.

Azal Coffee retains the sole right to all Telephone Numbers and Electronic Media used in the Franchise Business and all written and online directory listings associated with it. They are authorized to direct service providers and listing agencies to transfer these items to them or their agent if the franchisee fails or refuses to do so. This ensures that Azal Coffee maintains control over its brand's presence and customer communication channels, even after a franchise changes hands or ceases operation.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.