Who is appointed as the attorney-in-fact for the Cinnaholic franchisee regarding Internet listings?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee hereby constitutes and appoints Franchisor and any officer or agent of Franchisor, for Franchisor's benefit under the Franchise Agreement and this Internet Listing Agreement or otherwise, with full power of substitution, as Franchisee's true and lawful attorney-in-fact with full power and authority in Franchisee's place and stead, and in Franchisee's name or the name of any affiliated person or affiliated company of Franchisee, to take any and all appropriate action and to execute and deliver any and all documents that may be necessary or desirable to accomplish the purposes of this Internet Listing Agreement.
Franchisee further agrees that this appointment constitutes a power coupled with an interest and is irrevocable until Franchisee has satisfied all of its obligations under the Franchise Agreement and any and all other agreements to which Franchisee and any of its affiliates on the one hand, and Franchisor and any of its affiliates on the other, are parties, including without limitation this Internet Listing Agreement.
Source: Item 23 — RECEIPT (FDD pages 62–269)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the franchisee appoints Cinnaholic Franchising, LLC as their attorney-in-fact regarding Internet listings. This appointment grants Cinnaholic the authority to act on behalf of the franchisee to manage and execute documents related to the Internet Listing Agreement. This includes taking actions necessary to fulfill the agreement's purposes.
This appointment serves Cinnaholic's interests under the Franchise Agreement and the Internet Listing Agreement. It includes the power to act in the franchisee's name or the name of any affiliated person or company of the franchisee. The powers conferred to Cinnaholic are solely to protect their interests and do not impose any duty on Cinnaholic to exercise such powers.
The franchisee's appointment of Cinnaholic as attorney-in-fact is considered irrevocable. It remains in effect until the franchisee has met all obligations under the Franchise Agreement and any other agreements with Cinnaholic and its affiliates. This ensures Cinnaholic can manage the franchisee's internet presence and listings to maintain brand consistency and control, especially concerning the transfer or termination of web sites and listings.