Does Casiola Franchise LLC acknowledge ownership of the telephone numbers and digital media by the franchisee through this assignment?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the assignment of telephone numbers and digital media accounts does not construe or imply that the franchisee (Assignor) possesses any ownership interests or rights in the digital media. Any rights of the franchisee to telephone numbers and digital media accounts exist subject to a limited license pursuant to the Casiola Business Franchise Agreement, which takes precedence and governs.
However, Casiola intends this assignment to be an instrument that third parties can rely upon to authorize and permit the assignments and transfers set forth in the agreement and to facilitate the transfer of accounts and media to within the control of the franchisee (Assignee). This assignment becomes effective automatically upon the termination or expiration of the Franchise Agreement.
Casiola retains the right to approve all digital media and published content, and at its discretion, can own any digital media and published content that meets its standards. Casiola is the exclusive owner of the System Website, including all improvements and modifications, digital media, and published content. All rights to telephone numbers associated with the franchised business can be transferred to Casiola at their election.