What happens to the telephone numbers associated with the Bang Cookies Franchised Business upon termination of the franchise agreement?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
ctories and local directories that refers, references, identifies, reviews, promotes and/or relates, in any way, to a Bang Cookies Shop, Bang Cookies Shops, Assignor's Bang Cookies Shop and/or trademarks associated with the Bang Cookies Shop Franchise System and/or Assignee. Digital Media further includes the Bang Cookies Shop website, web pages and website subdomains (including those related to, associated with and/or a part of the Bang Cookies Shop Franchise System) associated with and/or related to Assignor's Bang Cookies Shop and all web pages, blog posts, videos, articles, information, sub-domains, and all other media and/or publications relating to the Bang Cookies Shop Franchise System that is displayed and/or transmitted digitally"; and
WHEREAS, in connection with Assignor's establishment and operation of a Bang Cookies Shop, Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement.
NOW THEREFORE, Assignor, in exchange for good and valuable consideration provided and paid by Assignee (receipt of which is hereby acknowledged), agrees:
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- That Assignor does hereby assign to assignee all telephone numbers, facsimile numbers, listings, domain names and Digital Media that is associated with Assignor's Bang Cookies Shop including, the following (all collectively referred to as the "Media"):
- (a) All phone numbers, facsimile numbers and listings that are currently, or in the future, associated with Assignor's Bang Cookies Shop;
- (b) The following telephone and facsimile numbers:
| A. List of State Administrators | G. List of Franchisees | |---|---| | B. List of Agents for Service of Process | H. List of Franchisees Who Have Left the System | | C. Operations Manual Table of Contents | I. State Specific Addenda | | D. Financial Statements | J. State Effective Dates | | E. Franchise Agreement | K. Receipts | | F. Multi-Unit Development Agreement | | The foregoing shall not be construed and/or interpreted as Assignees acknowledgment and/or agreement that Assignor owns and/or possesses any ownership interests in the foregoing telephone numbers, accounts and/or Digital Media. Any and all rights of Assignor in and to same exist subject to a limited license pursuant to the Bang Cookies Shop Franchise Agreement which shall take precedence and govern.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee (Assignor) assigns all telephone numbers, facsimile numbers, listings, domain names, and Digital Media associated with their Bang Cookies Shop to Bang Cookies Franchise LLC (Assignee). This includes all phone numbers, facsimile numbers, and listings currently or in the future associated with the franchisee's Bang Cookies Shop.
Bang Cookies retains the right to utilize this assignment at its sole discretion and for its sole benefit. The FDD specifies that this assignment becomes effective automatically upon the termination or expiration of the Franchise Agreement for any reason. To ensure a smooth transition, third parties can rely on a written declaration from Bang Cookies Franchise LLC as proof of termination or expiration, allowing them to transfer control of the media to the company.
This arrangement ensures that Bang Cookies maintains control over the brand's digital presence and customer communication channels, even after a franchise agreement ends. This is a fairly standard practice in franchising, as it protects the brand's identity and customer relationships. The franchisee gives up control of the phone numbers and digital media, which could impact their ability to operate a similar business independently after the franchise agreement terminates.
Prospective franchisees should understand that they will not retain any rights to the phone numbers or digital media accounts they used during the operation of their Bang Cookies franchise. This is an important consideration for anyone planning their long-term business strategy, as it may require them to establish new channels for customer communication if they decide to pursue other ventures after leaving the Bang Cookies system.