Does the Cinnaholic Internet Listing Agreement survive the termination of the Franchise Agreement?

According to Cinnaholic's 2025 Franchise Disclosure Document, the Internet Listing Agreement survives the termination of the Franchise Agreement. Specifically, Section 3.7 of the Internet Listing Agreement states that the agreement remains in effect even after the Franchise Agreement ends. This means that the obligations and responsibilities outlined in the Internet Listing Agreement continue to apply to the franchisee, even after the franchise relationship has been terminated.

This survival clause has significant implications for a prospective Cinnaholic franchisee. Upon termination of the Franchise Agreement, Cinnaholic retains control over the franchisee's online presence related to the business. According to section 2.2, upon termination, the franchisee must immediately direct all Internet Service Providers, domain name registries, Internet search engines, and other listing agencies to transfer all of the franchisee's interest in such Internet Web Sites and Listings to Cinnaholic.

This ensures that Cinnaholic can maintain brand consistency and control over its online representation, even after a franchise location ceases to operate. The franchisee is obligated to transfer all rights and interests in domain names, websites, and online listings to Cinnaholic. This transfer ensures that Cinnaholic can manage the brand's online presence and prevent any potential misuse of the brand or trademarks by former franchisees.

As a result, a franchisee should carefully consider the terms of the Internet Listing Agreement and understand their obligations regarding online assets upon termination of the Franchise Agreement. This includes understanding the process for transferring domain names, websites, and online listings to Cinnaholic and any potential costs or liabilities associated with these transfers.