What irrevocable power of attorney does a Better Blend franchisee grant to 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 Better Blend's 2024 Franchise Disclosure Document, franchisees grant Better Blend Franchising, LLC (BBF) an irrevocable limited power of attorney to manage Brand Accounts. This power of attorney allows BBF to direct service providers to transfer or delete any Brand Account associated with the Better Blend business. Brand Accounts include telephone numbers, directory listings, email accounts, websites, social media accounts, and other online advertising and marketing profiles registered by the franchisee.
This assignment becomes effective upon either the termination or expiration of the Franchise Agreement, or when BBF provides notice to the franchisee. Upon such an event, BBF has the right to assume ownership of any or all Brand Accounts. The franchisee is obligated to take all necessary steps to facilitate the transfer or deletion of these accounts as determined by BBF.
While the franchisee loses all rights to the Brand Accounts after the assignment, they remain responsible for any outstanding fees owed to the service provider up to the effective date of the transfer or deletion. BBF assumes no liability for obligations arising before the transfer or deletion date. This ensures that Better Blend maintains control over its brand's online presence and marketing efforts, especially after a franchise agreement ends.