What specific items are included in the assignment of media associated with a Casiola business?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Casiola's 2024 Franchise Disclosure Document, franchisees must assign all telephone numbers, facsimile numbers, listings, domain names, and Digital Media associated with their Casiola Business to Casiola Franchise LLC. This includes all phone and fax numbers currently or in the future associated with the franchisee's Casiola Business. It also encompasses all Digital Media, Digital Media accounts, and Digital Media log-in information.
The term "Digital Media" is broadly defined as any interactive or static digital document, listing, directory, application, advertisement, link, metadata, or media transmitted within a closed or private network. This includes anything connected to computers, applications, or other devices linked by communications systems, data systems, or the internet. Examples include traditional websites, online travel agencies, web-based applications, distributed databases (including blockchain), software applications, smartphone applications, and social media platforms like Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, TikTok, and YouTube.
This assignment becomes effective automatically upon the termination or expiration of the Franchise Agreement for any reason. Casiola's written declaration is the exclusive proof of termination or expiration and is not subject to challenge. Third parties may rely on this assignment to ensure that access to and control of the media are maintained by Casiola. The Franchise Agreement takes precedence over the Assignment of Telephone Numbers and Digital Media Accounts, should any inconsistencies arise.