In addition to directing termination or transfer, what other actions can Baya Bar direct regarding electronic advertising and telephone listings?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 2.3 Transfer.
On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately:
- 2.3.1 direct all internet service providers, domain name registries, internet search engines, social media companies, and other listing agencies (collectively, the "Internet Companies") with which Franchisee has Electronic Advertising: (i) to transfer all of Franchisee's interest in such Electronic Advertising to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer.
In the event Franchisor does not desire to accept any or all such Electronic Advertising, Franchisee will immediately direct the Internet Companies to terminate such Electronic Advertising or will take such other actions with respect to the Electronic Advertising as Franchisor directs; and
- 2.3.2 direct all telephone companies, telephone directory publishers, and telephone directory listing agencies (collectively, the "Telephone Companies") with which Franchisee has Telephone Listings: (i) to transfer all Franchisee's interest in such Telephone Listings to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer.
In the event Franchisor does not desire to accept any or all such Telephone Listings, Franchisee will immediately direct the Telephone Companies to terminate such Telephone Listings or will take such other actions with respect to the Telephone Listings as Franchisor directs.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, in addition to directing the transfer or termination of electronic advertising and telephone listings, Baya Bar can direct franchisees to take other actions with respect to these items. Specifically, upon termination of the Franchise Agreement or at Baya Bar's periodic request, franchisees must comply with directions regarding their electronic advertising and telephone listings.
For electronic advertising, the franchisee must direct all internet service providers, domain name registries, internet search engines, social media companies, and other listing agencies to transfer all interests in the electronic advertising to Baya Bar. If Baya Bar does not want to accept the electronic advertising, the franchisee must direct the internet companies to terminate the advertising or take other actions as directed by Baya Bar.
Similarly, for telephone listings, the franchisee must direct all telephone companies, telephone directory publishers, and telephone directory listing agencies to transfer all interests in the telephone listings to Baya Bar. If Baya Bar does not want to accept the telephone listings, the franchisee must direct the telephone companies to terminate the listings or take other actions as directed by Baya Bar. This ensures that Baya Bar maintains control over its brand's online and telephonic presence, even after a franchise agreement ends.