For what purpose does a Bor Restoration franchisee appoint Bor Restoration as their attorney-in-fact?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
To the extent necessary to enforce this Agreement, Franchisee appoints Franchisor and any of its officers, as Franchisee's attorney-in-fact (coupled with an interest,) to direct the telephone company, all telephone directory publishers, any electronic transfer agency, any URL or webpage host, and any other electronic business, company, transfer agent, host, webmaster, and the like to transfer to the Franchisor all telephone, facsimile machine numbers, and directory listings, and all electronic listings, web pages, social network pages or identities (including Twitter and FaceBook), URL's, blogs, vlogs, "handles", email addresses and the like that are owned by Franchisee or that relate to the Franchisee's Franchised Business, and any party named herein may accept such direction under this Agreement as conclusive of Franchisor's exclusive rights in and to such information, site, URL, electronic media, telephone numbers, directory listings and the like and Franchisor's authority to direct their transfer. To the extent that any Person identified above or the law of the state in which such Person is located requires special language to enforce the Franchisor's rights as the attorney-in-fact or requires a special form, Franchisee will execute such additional form or will add such language to this Agreement. 3. This Agreement is only effective at such time as the Franchise Agreement expires, is transferred, or is terminated and then only if the Franchisee fails or refuses to make the necessary assignments as contemplated by this Agreement.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, a franchisee appoints Bor Restoration as their attorney-in-fact to facilitate the transfer of contact and electronic information related to the franchise business. This appointment is specifically for directing telephone companies, directory publishers, electronic transfer agencies, URL or webpage hosts, and other electronic businesses to transfer all relevant telephone, facsimile, electronic, web, and social media information to Bor Restoration. This includes telephone numbers, directory listings, web pages, social network pages, URLs, blogs, vlogs, email addresses, and similar online assets associated with the franchise.
This appointment as attorney-in-fact is "coupled with an interest," meaning Bor Restoration has a vested interest in ensuring these transfers occur smoothly. The agreement clarifies that any party may accept direction from Bor Restoration as conclusive proof of their exclusive rights to this information and their authority to direct its transfer. This ensures that Bor Restoration can maintain control over the brand's online presence and customer communications even after a franchise agreement expires, is transferred, or is terminated.
However, this agreement only becomes effective if the franchisee fails or refuses to make the necessary assignments of this information as initially agreed upon. In other words, it serves as a backup mechanism to ensure Bor Restoration can secure these digital assets if a franchisee does not voluntarily transfer them at the end of the franchise relationship. This is a fairly common practice in franchising to protect brand consistency and customer relationships.
Prospective Bor Restoration franchisees should understand that this clause ensures a smooth transition of digital assets back to the franchisor under specific circumstances. It is important to comply with the initial agreement to transfer this information to avoid the attorney-in-fact clause being invoked. Franchisees should seek clarification on the specific procedures and timelines for transferring this information to avoid any potential conflicts or complications at the end of their franchise term.