What actions are required under the Buns On Fire Irrevocable Power of Attorney?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
| IRREVOCABLE POWER OF ATTORNEY |
|---|
| STATE OF |
| ) |
| ) |
| COUNTY OF |
| ) |
| KNOW ALL MEN BY THESE PRESENTS |
| That [], a [] [limited liability company / corporation] ("Franchisee"), does |
| hereby irrevocably constitute and appoint SMYA VENTURES LLC, an Illinois limited liability company |
| ("Franchisor"), true and lawful attorney-in-fact and agent for Franchisee and in Franchisee's name, place |
| and stead to do or cause to be done all things and to sign, execute, acknowledge, certify, deliver, accept, |
| record and file all such agreements, certificates, instruments and documents as, in the sole discretion of |
| Franchisor, shall be necessary or advisable for the sole purpose of obtaining any and all returns, records, |
| reports and other documentation relating to the payment of taxes filed by Franchisee with any state and/or |
| federal taxing authority, including, but not limited to, the State Comptroller of the State of , hereby granting |
| unto Franchisor full power and authority to do and perform any and all acts and things which, in the sole |
| discretion of Franchisor, are necessary or advisable to be done as fully to all intents and purposes as |
| Franchisee might or could itself do, hereby ratifying and confirming all that Franchisor may lawfully do or |
| cause to be done by virtue of this Power of Attorney and the powers herein granted. |
| During the term of this Power of Attorney, and regardless of whether Franchisee has designated |
| any other person to act as its attorney-in-fact and agent, no governmental agency, person, firm or |
| corporation dealing with Franchisor, if acting in good faith, shall be required to ascertain the authority of |
| Franchisor, nor to see to the performance of the agency, nor be responsible in any way for the proper |
| application of documents delivered or funds or property paid or delivered to Franchisor. Any governmental |
| agency, person, firm or corporation dealing with Franchisor shall be fully protected in acting and relying |
| on a certificate of Franchisor that this Power of Attorney on the date of such certificate has not been revoked |
| and is in full force and effect, and Franchisee shall not take any action against any person, firm, corporation |
| or agency acting in reliance on such a certificate or a copy of this Power of Attorney. Any instrument or |
| document executed on behalf of Franchisee by Franchisor shall be deemed to include such a certificate on |
| the part of Franchisor, whether or not expressed. This paragraph shall survive any termination of this Power |
| of Attorney. |
| This Power of Attorney shall terminate two (2) years following the expiration or termination of that |
| certain Franchise Agreement dated as of |
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, the Irrevocable Power of Attorney grants SMYA VENTURES LLC (the Franchisor) the authority to act as the franchisee's (the attorney-in-fact and agent) to obtain tax-related documentation. This includes the power to sign, execute, acknowledge, certify, deliver, accept, record, and file agreements, certificates, instruments, and documents. These actions are at the franchisor's discretion and are deemed necessary or advisable for obtaining returns, records, reports, and other documentation related to the franchisee's tax filings with state and/or federal taxing authorities.
During the term of the Power of Attorney, third parties dealing with Buns On Fire are not required to verify the franchisor's authority and are protected when relying on a certificate from the franchisor indicating the Power of Attorney is still in effect. The franchisee is prohibited from taking action against any party relying on this certificate or a copy of the Power of Attorney. The inclusion of a certificate from the franchisor is implied in any instrument or document executed on behalf of the franchisee by the franchisor.
This Power of Attorney remains in effect for two years following the expiration or termination of the Franchise Agreement. This means that even after the franchise relationship ends, Buns On Fire retains the authority to access tax-related documents for a limited time. Prospective franchisees should understand the scope and duration of this power of attorney, and how it might affect their obligations even after the franchise agreement concludes.