factual

What is the Assignee's role in the Casiola Business Franchise System?

Casiola Franchise · 2024 FDD

Answer from 2024 FDD Document

THIS ASSIGNMENT OF TELEPHONE NUMBERS AND DIGITAL MEDIA ACCOUNTS (the "Assignment") is entered into between (the "Assignor") and Casiola Franchise LLC and its successors and assigns (the "Assignee").

WHEREAS, Assignee is the franchisor of the Casiola Business franchise system (the "Casiola Business Franchise System"); WHEREAS, Assignor, as franchisee, and Assignee, as franchisor, are parties to a Casiola Business Franchise Agreement (the "Franchise Agreement"); WHEREAS, the term "Digital Media" shall refer to and mean any interactive or static digital document, listing, directory, application, advertisement, link, metadata, or media that is transmitted within a closed or private network, or that is connected to, in communication with, and/or networked with computers, applications, or other devices linked by communications systems, data systems, a part of the world wide web including, traditional websites, online travel agencies, web based applications, distributed databases, including, blockchain, software applications, smart phone applications, or social media platforms such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, TikTok, and YouTube, that refers, references, identifies, reviews, promotes and/or relates, in any way, to a Casiola Business, Casiola Businesses, Assignor's Casiola Business and/or trademarks associated with the Casiola Business, the Casiola Business Franchise System and/or Assignee; and WHEREAS, in connection with Assignor's establishment and operation of a Casiola Business, Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement.

NOW THEREFORE, Assignor, in exchange for good and valuable consideration provided and paid by Assignee (receipt of which is hereby acknowledged), agrees: 1.

That Assignor does hereby assign to assignee all telephone numbers, facsimile numbers, listings, domain names and Digital Media that is associated with Assignor's Casiola Business including, the following (all collectively referred to as the "Media"): (a) All phone numbers, facsimile numbers and listings that are currently, or in the future, associated with Assignor's Casiola Business; (b) The following telephone and facsimile numbers: ; and

Casiola.

Multi-State FDD April 25, 2024 1

(c) All Digital Media, all Digital Media accounts and all Digital Media log-in information.

The foregoing shall not be construed and/or interpreted as Assignees acknowledgment and/or agreement that Assignor owns and/or possesses any ownership interests in the foregoing telephone numbers, accounts

and/or Digital Media. Any and all rights of Assignor in and to same exist subject to a limited license pursuant to the Casiola Business Franchise Agreement which shall take precedence and govern. However, this Assignment is intended by Assignor and Assignee to be an instrument that may be relied upon by all third parties to authorize and permit the assignments and transfers set forth in this Assignment and to facilitate the transfer of accounts and media to within the control of Assignee. Nothing contained in this Assignment shall be used to construe nor imply that Assignor possesses any ownership interests or rights in the Digital Media and in the event of any inconsistency or conflict between this Assignment and the Franchise Agreement, the Franchise Agreement shall take precedence and govern.

  1. This Assignment will become effective automatically upon the termination or expiration of the Franchise Agreement for any reason. As to all third party proof of the expiration or termination of the Franchise Agreement shall exist exclusively upon the written declaration of Assignee and Assignee's declaration shall be dispositive and not subject to challenge. Assignor acknowledges that all third parties may rely on this Assignment for the purpose of taking any and all actions to ensure that access to and control of the Media is maintained by Assignee.

Source: Item 23 — RECEIPTS (FDD pages 47–209)

What This Means (2024 FDD)

According to Casiola's 2024 Franchise Disclosure Document, the Assignee, identified as Casiola Franchise LLC and its successors and assigns, is the franchisor of the Casiola Business franchise system. An Assignment of Telephone Numbers and Digital Media Accounts is entered into between the Assignor (the franchisee) and the Assignee (Casiola Franchise LLC). This assignment pertains to telephone numbers and digital media accounts used in connection with the Casiola Business. Digital Media includes any interactive or static digital document, listing, directory, application, advertisement, link, metadata, or media that is transmitted within a closed or private network, or that is connected to computers, applications, or other devices linked by communications systems, data systems, a part of the world wide web including, traditional websites, online travel agencies, web based applications, distributed databases, including, blockchain, software applications, smart phone applications, or social media platforms such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, TikTok, and YouTube, that refers, references, identifies, reviews, promotes and/or relates, in any way, to a Casiola Business, Casiola Businesses, Assignor's Casiola Business and/or trademarks associated with the Casiola Business, the Casiola Business Franchise System and/or Assignee.

As part of the agreement, the Assignor agrees to assign all telephone numbers, facsimile numbers, listings, domain names, and Digital Media associated with their Casiola Business to the Assignee. This includes phone numbers, facsimile numbers, listings, all Digital Media, all Digital Media accounts, and all Digital Media log-in information. The document clarifies that this assignment does not imply that the Assignor owns these telephone numbers or Digital Media, as their rights are subject to a limited license under the Franchise Agreement. The Assignment is designed to allow third parties to authorize and permit the transfers of accounts and media to the control of the Assignee.

This Assignment becomes effective automatically upon the termination or expiration of the Franchise Agreement. Third parties can rely on a written declaration from the Assignee as proof of termination or expiration. The Assignor acknowledges that third parties may rely on this Assignment to ensure that the Assignee maintains access to and control of the Media. In the event of any conflict between the Assignment and the Franchise Agreement, the Franchise Agreement takes precedence.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.