What agreement is referenced as the 'Assignment of Telephone Numbers and Digital Media Accounts' for a Beard Papas franchise?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Assignment of Telephone Numbers and Digital Media Accounts" refers to and means the Assignment of Telephone Numbers and Digital Media Accounts agreement attached to this Agreement as Exhibit 6.
Without limitation to the foregoing, Franchisee shall, upon the request of Franchisor, execute and deliver to Franchisor the Assignment of Telephone Numbers and Digital Media Accounts attached to this Agreement as Exhibit 6. Upon the request of Franchisor, Franchisee shall execute, update, and/or re-execute the Assignment of Telephone Numbers and Digital Media agreement upon the request of Franchisor. As between Franchisor and all third parties, Franchisee does hereby represent and acknowledge that such third party is authorized to rely on the Assignment of Telephone Numbers and Digital Media agreement, irrespective of any dispute and/or controversy between Franchisor and Franchisee and irrespective of any contrary instructions of Franchisee.
- This Assignment will become effective automatically upon the termination or expiration of the Franchise Agreement for any reason. As to all third parties proof of the expiration or termination of the Franchise Agreement shall exist exclusively upon the written declaration of Assignee and Assignee's declaration shall be dispositive and not subject to challenge.
UTILIZATION OF THIS ASSIGNMENT SHALL EXIST AT THE SOLE DISCRETION OF ASSIGNEE AND FOR THE SOLE BENEFIT OF ASSIGNEE.
Source: Item 23 — RECEIPTS (FDD pages 58–275)
What This Means (2025 FDD)
According to the 2025 Beard Papas FDD, the 'Assignment of Telephone Numbers and Digital Media Accounts' refers to the agreement attached as Exhibit 6 to the Franchise Agreement. This assignment is significant because it addresses the transfer of control over digital media and telephone numbers associated with the Franchised Business, particularly upon termination or expiration of the Franchise Agreement.
Beard Papas requires the franchisee to execute and deliver this assignment upon request. This ensures that Beard Papas can maintain control over the digital presence and communication channels linked to the franchise, which is crucial for brand consistency and customer management. The FDD states that third parties are authorized to rely on this assignment, regardless of any disputes between Beard Papas and the franchisee, highlighting the importance of this document for facilitating the transfer of digital assets.
This assignment becomes effective automatically upon the termination or expiration of the Franchise Agreement. The FDD clarifies that proof of termination or expiration relies exclusively on Beard Papa's written declaration, which is considered definitive and not subject to challenge. This provision underscores Beard Papa's authority in managing the brand's digital assets and ensuring a smooth transition of control when a franchise agreement ends. The utilization of this assignment is at the sole discretion and benefit of Beard Papas.