What happens to a Better Blend franchisee's rights in a Brand Account after it is transferred or deleted by BBF?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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, if Better Blend elects to have a Brand Account transferred to them or deleted, the franchisee will relinquish all rights to that account. Brand Accounts include telephone numbers, directory listings, email accounts, websites, and social media accounts used for advertising and marketing the Better Blend business. Better Blend has the right to assume ownership of any or all Brand Accounts upon termination or expiration of the Franchise Agreement, or upon notice from Better Blend to the franchisee.
Better Blend is granted an irrevocable limited power of attorney to direct the service provider of each Brand Account to transfer or delete the account. After the transfer or deletion, the franchisee will have no further rights to the Brand Account.
However, the franchisee remains responsible for all past due fees owed to the provider of the Brand Account up to the date of transfer or deletion. Better Blend assumes no liability for any obligations arising before the transfer or deletion becomes effective. The franchisee is obligated to take all reasonable steps necessary to facilitate the transfer or deletion of each Brand Account as directed by Better Blend.