What is the purpose of the Assignment of Telephone Numbers and Digital Media Accounts for a Casiola franchise?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
in scope, duration and geographic area.
- (c) YOU ACKNOWLEDGE THAT THIS IS NOT AN EMPLOYMENT AGREEMENT.
- (d) YOU ACKNOWLEDGE AND AGREE THAT OUR FRANCHISOR, CASIOLA FRANCHISE LLC, IS NOT A PARTY TO THIS AGREEMENT BUT IS AN INTENDED THIRD PARTY BENEFICIARY OF THIS AGREEMENT.
set forth below.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement as of the date or dates
| Individual Signature of Restricted Party | Individual Signature of Restricted Party |
|---|---|
| Name (please print) | Name (please print) |
| Date: | Date: |
Franchise Agreement Exhibit 3 Assignment of Telephone Numbers and Digital Media Accounts
ASSIGNMENT OF TELEPHONE NUMBERS AND DIGITAL MEDIA ACCOUNTS
(for the benefit of Casiola Franchise LLC and its assigns)
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.
- 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 the 2024 Casiola Franchise Disclosure Document, the Assignment of Telephone Numbers and Digital Media Accounts ensures that Casiola Franchise LLC, as the assignee, gains control of all telephone numbers, facsimile numbers, listings, domain names, and digital media associated with a franchisee's Casiola business upon termination or expiration of the Franchise Agreement. This assignment is designed to be relied upon by third parties to authorize and permit the transfer of these assets to Casiola. The term 'Digital Media' includes a broad range of online content, such as websites, online travel agencies, web-based applications, distributed databases, software applications, smartphone applications, and social media platforms like Facebook, LinkedIn, Twitter, and YouTube, that relate to the Casiola business.
This agreement is effective automatically upon the termination or expiration of the Franchise Agreement. Casiola's written declaration is the sole proof needed by third parties to acknowledge the termination or expiration, and it is not subject to challenge by the franchisee. This ensures that Casiola maintains control over the brand's digital presence and communication channels, regardless of any disputes with the franchisee. The franchisee acknowledges that third parties can rely on this assignment to ensure Casiola maintains access to and control of the media.
For a prospective Casiola franchisee, this means that upon leaving the franchise system, they must relinquish all digital assets and contact information associated with the business. This is a standard practice in franchising to protect the brand's identity and customer relationships. The franchisee retains a limited license to use these assets during the term of the agreement, but ownership and control ultimately reside with Casiola. This arrangement prevents a former franchisee from using the Casiola brand or associated media to operate a competing business or otherwise confuse customers after the franchise agreement ends. Casiola also has the right to request the franchisee to update or re-execute this agreement at any time.