Under what circumstances might an Azal Coffee franchisee be required to sign Appendix E, 'Assignment of Telephone Numbers and Electronic Media,' in the future?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
If this Agreement expires or terminates for any reason (including termination on a transfer), your rights to use the Intellectual Property and the Franchise Systems and all other rights associated with being an authorized Azal Coffee franchisee will cease and you must do the following:
- (d) You must immediately and permanently cease to use all telephone and fax numbers, email addresses, website addresses, domain names and other electronic media that have been used in the Franchise Business (the "Telephone Numbers" and "Electronic Media") and if requested by us, must assign some or all of these Telephone Numbers and Electronic Media to us. You acknowledge that as between you and us, we have the sole right to all Telephone Numbers and Electronic Media used in the Franchise Business and all written and online directory listings associated with the Franchise Business. You authorize us, and appoint us and any of our officers as your attorney-in-fact, to direct the applicable service providers and all listing agencies to transfer those items to us or our agent or assignee if you fail or refuse to do so. You authorize the applicable service providers and all listing agencies to accept the direction in this Agreement as conclusive evidence of our exclusive rights in the Telephone Numbers and Electronic Media and directory listings and our authority to direct their transfer.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, a franchisee may be required to assign telephone numbers and electronic media to the franchisor if the Franchise Agreement expires or terminates for any reason, including termination upon transfer. This requirement ensures that Azal Coffee maintains control over its brand identity and customer communication channels. The franchisee's rights to use the Intellectual Property and the Franchise Systems cease upon termination or expiration.
Specifically, the franchisee must immediately and permanently discontinue 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. This includes all written and online directory listings associated with the Franchise Business.
To facilitate this process, the franchisee authorizes Azal Coffee and any of its officers as their attorney-in-fact to direct the applicable service providers and all listing agencies to transfer those items to Azal Coffee or its agent or assignee if the franchisee fails or refuses to do so. The service providers and listing agencies are authorized to accept the direction in the Franchise Agreement as conclusive evidence of Azal Coffee's exclusive rights in the Telephone Numbers and Electronic Media and directory listings, as well as their authority to direct their transfer. This ensures a smooth transition and protects Azal Coffee's interests in maintaining consistent brand representation and customer access.