factual

What is the extent of the authority granted to Belocal franchisor as the franchisee's attorney-in-fact?

Belocal Franchise · 2025 FDD

Answer from 2025 FDD Document

. Franchisee hereby appoints Franchisor as Franchisee's true and lawful attorney-in-fact, with full power and authority to assign to Franchisor upon the termination, expiration, or transfer of this Agreement all rights to any Online Presences (including social media accounts and webpages), telephone number(s) (including personal cellphone numbers), and any business listings related to or associated with the Franchised Business. Such power of attorney shall survive the expiration, termination, or transfer of this Agreement, and Franchisee agrees to execute such forms and documents as Franchisor deems necessary to appoint Franchisor as Franchisee's true and lawful attorney-in-fact with full power and authority for the foregoing purposes. Franchisor shall not assume any obligations for costs or expenses related to such Online Presences (including social media accounts and webpages), telephone number(s) (including personal cellphone numbers), and business listings that accrued prior to the date on which they were acquired by Franchisor. Franchisee agrees to execute the form of Listing Assignment attached hereto as Attachment G.

  • O. No Competing Interests. Franchisee warrants and represents that neither Franchisee nor any of its affiliates or Principals, own, operate, or have any financial or beneficial interest in any business that is the same as or similar to a Franchised Business or the publishing business of N2 Co.; nor is Franchisee or any of its affiliates or Principals bound by any confidentiality, non-disclosure, noncompetition, and/or non-solicitation agreement(s) such that entering into this Agreement will violate such agreement(s).
  • P. Related-Party Ownership. Franchisee and each Owner hereby represents and warrants that, except for the (a) Franchised Business or (b) a business which Franchisee has previously disclosed in writing to Franchisor and which Franchisor has specifically excepted from the following representation, warranty, and covenant ("Approved Business"), neither Franchisee, nor any Owner, nor any of their respective affiliates, Principals, or immediate family members (including, but not limited to, parents, spouses, or children) directly or indirectly owns, operates, manages, consults with, or otherwise assists in the operation of any franchise or publishing business of Franchisor or N2 Co. Moreover, Franchisee and each Owner hereby covenants that, during the Term, neither Franchisee nor any Owner shall, nor shall Franchisee or any Owner permit their respective affiliates, Principals, or immediate family members (including, but not limited to, parents, spouses, or children) to, acquire, own, operate, manage, consult with, or otherwise assist in the operation of any franchise or publishing business of Franchisor or N2 Co. without the prior written consent of Franchisor, which consent Franchisor may withhold in its sole discretion.

  • Q. Performance by Delegate. Franchisee acknowledges and agrees that any rights or duties of Franchisor may be exercised and/or performed by any of Franchisor's affiliates, designees, agents (who may be an unaffiliated third party), or employees.
  • R. Submission of Information and Timely Communication. Franchisee must promptly provide to Franchisor or its affiliates any information relating to the Franchised Business as Franchisor or its affiliates may reasonably require and in the manner they require. Additionally, Franchisee must promptly respond to Franchisor's or its affiliates' requests for direction, information, or approvals that are reasonably necessary for Franchisor to perform its obligations under this Agreement or for the relevant affiliate to publish the Publication.

Source: Item 22 — CONTRACTS (FDD page 71)

What This Means (2025 FDD)

According to Belocal's 2025 Franchise Disclosure Document, the franchisor is granted significant authority as the franchisee's attorney-in-fact in several specific situations. Upon termination, expiration, or transfer of the franchise agreement, Belocal has the power to manage the franchisee's online presence, including social media accounts, webpages, telephone numbers (even personal cell phone numbers), and business listings related to the franchised business. This power of attorney survives the termination or transfer of the agreement, and the franchisee must execute documents to formalize this appointment. Belocal is not responsible for costs incurred before they acquired these assets.

Belocal's authority extends to taking necessary actions to exercise these powers, including document execution for transferring or modifying listings. This power of attorney is effective for two years after the franchise agreement ends, is considered irrevocable, and is not affected by the franchisee's incapacity. The franchisee also designates Belocal as their attorney-in-fact to execute and file documents related to intellectual property rights for any content and improvements to the franchise operation. This ensures Belocal can protect and enforce intellectual property rights associated with the Belocal system.

These powers are designed to protect Belocal's brand and intellectual property, ensuring a smooth transition of digital assets and control over franchise-related improvements. The franchisee relinquishes control over these aspects of the business upon termination or expiration of the agreement, granting Belocal the authority to manage them. This arrangement is intended to secure the performance of duties to Belocal and is supported by consideration, making it a legally binding agreement.

Disclaimer: This information is extracted from the 2025 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.