What is the Assignment of Brand Accounts for a Better Blend franchise?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees as follows:
- 1. Conditional Assignment. Franchisee hereby assigns to BBF (or its designee) all of Franchisee's rights, title, and interest in and to all telephone numbers, directory listings, email accounts, websites, social media accounts, and all other accounts and profiles for advertising and marketing on the internet or any electronic communications network ("Brand Accounts") associated with Better Blend and registered by Franchisee from time to time in connection with the operation of Franchisee's Business, such assignment to be effective upon (a) termination or expiration of the Franchise Agreement, or (b) notice from BBF to Franchisee, at which time BBF will have the right to assume ownership of any one or all Brand Accounts.
- 2. Transfer or Deletion. Franchisee hereby authorizes the service provider of each Brand Account (the "Provider") to transfer the Brand Account to BBF (or its designee) or to delete the Brand Account upon the written instruction of BBF. Franchisee hereby grants BBF an irrevocable limited power of attorney on behalf of Franchisee to direct any Provider to transfer or delete a Brand Account. In such an event, Franchisee will have no further right, title or interest in the Brand Account but will remain liable to the Provider for all past due fees owing to the Provider on or before the date on which the assignment is effective. BBF will have no liability or obligation of any kind to a Provider arising prior to the effective date of transfer or deletion. Franchisee agrees to take all reasonable steps necessary to effectuate the transfer or deletion (as determined by BBF) of each Brand Account.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, franchisees must conditionally assign all brand accounts to Better Blend Franchising, LLC (BBF). This assignment includes all rights, titles, and interests in telephone numbers, directory listings, email accounts, websites, social media accounts, and any other online accounts used for advertising and marketing the Better Blend business. This assignment becomes effective either upon the termination or expiration of the Franchise Agreement or when BBF provides notice to the franchisee. At that point, Better Blend has the right to assume ownership of any or all of these brand accounts.
Better Blend is granted the authority to manage these accounts. The franchisee authorizes the service provider of each brand account to transfer or delete the account based on Better Blend's written instructions. Better Blend also receives an irrevocable limited power of attorney to direct any provider to transfer or delete a brand account.
Upon the effective date of the assignment, the franchisee loses all rights to the brand account but remains responsible for any outstanding fees owed to the provider up to that date. Better Blend assumes no liability for obligations arising before the transfer or deletion. The franchisee is required to take all necessary steps to facilitate the transfer or deletion of each brand account as determined by Better Blend. This ensures that Better Blend maintains control over its brand's online presence and marketing efforts, even after a franchise agreement ends.