After termination or expiration of the Bumble Roofing agreement, what action must the franchisee take regarding telephone and internet listings?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees and acknowledges that as between Franchisor and Franchisee, upon termination or expiration of the Franchise Agreement, Franchisor shall have the sole right to and interest in the Telephone Numbers and Listings and URLs, and Franchisee irrevocably appoints Franchisor as Franchisee's true and lawful attorney-in-fact, which appointment is coupled with an interest, to direct the Telephone Company and the ISP to assign same to Franchisor, and execute such documents and take such actions as may be necessary to effectuate the assignment. Upon such event, Franchisee shall immediately notify the Telephone Company and the ISP to assign the Telephone Numbers and Listings and URLs to Franchisor. If Franchisee fails to promptly direct the Telephone Company and the ISP to assign the Telephone Numbers and Listings and URLs to Franchisor, Franchisor shall direct the Telephone Company and the ISP to effectuate the assignment contemplated hereunder to Franchisor. The parties agree that the Telephone Company and the ISP may accept Franchisor's written direction, the Franchise Agreement or this Assignment as conclusive proof of Franchisor's exclusive rights in and to the Telephone Numbers and Listings and URLs upon such termination or expiration and that such assignment shall be made automatically and effective immediately upon Telephone Company's and ISP's receipt of such notice from Franchisor or Franchisee. The parties further agree that if the Telephone Company or the ISP requires that the parties execute the Telephone Company's or the ISP's assignment forms or other documentation at the time of termination or expiration of the Franchise Agreement, Franchisor's execution of such forms or documentation on behalf of Franchisee shall effectuate Franchisee's consent and agreement to the assignment. The parties agree that at any time after the date hereof they will perform such acts and execute
and deliver such documents as may be necessary to assist in or accomplish the assignment described herein upon termination or expiration of the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee must take specific actions regarding telephone numbers, listings, and internet addresses. Bumble Roofing retains the sole right and interest in these assets. The franchisee is required to immediately notify the telephone company and internet service provider (ISP) to assign the telephone numbers and listings, as well as URLs, to Bumble Roofing.
Furthermore, the franchisee irrevocably appoints Bumble Roofing as their attorney-in-fact to direct the Telephone Company and the ISP to assign these assets. This appointment is coupled with an interest, meaning Bumble Roofing has a vested right to ensure the transfer occurs. If the franchisee fails to promptly direct the Telephone Company and the ISP to make the assignments, Bumble Roofing has the right to directly instruct these entities to effectuate the assignment.
The Telephone Company and ISP are authorized to accept written direction from Bumble Roofing, the Franchise Agreement, or the Assignment as conclusive proof of Bumble Roofing's exclusive rights. The assignment becomes automatically effective upon the Telephone Company's and ISP's receipt of such notice from either Bumble Roofing or the franchisee. If the Telephone Company or ISP requires specific assignment forms or documentation, Bumble Roofing's execution of these documents on behalf of the franchisee constitutes the franchisee's consent and agreement to the assignment.
In practical terms, this means that when a Bumble Roofing franchise agreement ends, the franchisee loses all rights to the phone numbers, internet listings, and website addresses associated with the business. They must actively assist in transferring these assets back to Bumble Roofing to ensure a smooth transition and avoid any potential legal issues.