Upon termination or expiration of the Cool Binz Franchise Agreement, what happens to the telephone numbers and listings associated with the franchised business?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
ed, except by a written agreement signed by Franchisor and Licensee.
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EXHIBIT C TO THE FRANCHISE AGREEMENT
TELEPHONE AND OTHER LISTING AGREEMENT
In accordance with the terms of the Franchise Agreement between FRANCHISOR and FRANCHISEE signed concurrently with this Agreement, under which FRANCHISOR granted FRANCHISEE the right to own and operate a franchised business (the "Franchised Business"), FRANCHISEE, for value received, hereby agrees with FRANCHISOR that all of FRANCHISEE'S right, title, and interest in and to those certain telephone numbers and regular, classified, or other telephone directory listings, domain names, internet directory listings or rights and/or URLs (collectively, the "Telephone Numbers and Listings") associated with FRANCHISOR'S trade and service marks and used periodically in connection with the operation of the Franchised Business, shall be promptly transferred to the FRANCHISOR, upon termination or expiration of the Franchise Agreement.
Upon termination or expiration of the Franchise Agreement (without renewal or extension), it is agreed and acknowledged that as between FRANCHISOR and FRANCHISEE, title or interest in the Telephone Numbers and Listings, directly or indirectly, will be assigned to the FRANCHISOR. Further, the FRANCHISEE will not seek to utilize, directly or indirectly, call forwarding messages of any nature, or otherwise seek to take advantage of the goodwill and/or marketing advantage associated with the Telephone Numbers and Listings. It is further agreed and understood, FRANCHISEE will remain liable to the telephone company or other vendor for all past due fees owing to the telephone company or other vendor on or before the effective date of the cancellation hereunder.
FRANCHISEE appoints FRANCHISOR as FRANCHISEE'S true and lawful attorney-infact to direct the Telephone Company or other vendor to assign the Telephone Number and Listings, and sign any necessary documents and take any actions as may be necessary to effectuate the assumption.
The parties further agree that if the telephone company or other vendor requires that the parties sign any change forms or other documentation at the time of transfer, FRANCHISOR'S execution of the forms or documentation will effectuate FRANCHISEE'S consent and agreement to the change. The parties finally agree they will perform these acts and sign and deliver the documents as may be necessary to assist in or accomplish the transfer described herein, upon termination or expiration of the Franchise Agreement.
COOL BINZ INTERNATIONAL, LLC Name: Title: Date: ________________________________
EXHIBIT D TO THE FRANCHISE AGREEMENT
PERSONAL GUARANTY AND GUARANTY OF SPOUSES
NOTE: IF FRANCHISEE IS A CORPORATION, EACH OF FRANCHISEE'S SHAREHOLDERS AND THEIR SPOUSES MUST EXECUTE THE FOLLOWING UNDERTAKING. IF FRANCHISEE IS A PARTNERSHIP, EACH OF FRANCHISEE'S GENERAL PARTNERS AND THEIR SPOUSES MUST EXECUTE THE FOLLOWING UNDERTAKING. IF FRANCHISEE IS A LIMITED LIABILITY COMPANY, EACH OF FRANCHISEE'S MEMBERS AND MANAGERS AND THEIR SPOUSES MUST EXECUTE THE FOLLOWING UNDERTAKING.
ARTICLE I PERSONAL GUARANTY
| The ownership percentages of Franchisee are: | The undersigned persons (individually and collectively "you") hereby represent to Cool Binz International, LLC ("Franchisor") that you are all of the shareholders of, or all of the general partners of, or all of the members and managers of, or the spouse of any such shareholder, general partner, or member or manager of ("Franchisee"), as the case may be.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the telephone numbers and listings associated with the franchised business will be promptly transferred to Cool Binz. The franchisee gives up all rights to these telephone numbers and listings. The franchisee cannot use call forwarding or any other method to take advantage of the goodwill or marketing associated with these telephone numbers and listings. The franchisee is still responsible for any past due fees owed to the telephone company or other vendor.
Cool Binz is appointed as the franchisee's attorney-in-fact to direct the telephone company or other vendor to assign the telephone numbers and listings. Cool Binz can sign any necessary documents and take any actions to complete the transfer. If the telephone company or other vendor requires both parties to sign change forms or other documentation at the time of transfer, Cool Binz's execution of the forms or documentation will effectuate the franchisee's consent and agreement to the change.
Both parties agree to perform these acts and sign and deliver the documents as necessary to assist in or accomplish the transfer. The franchisee must also notify the telephone company, all telephone directory publishers, and Internet directory listings of the termination or expiration of their right to use any listing, telephone, telecopy, or other numbers and any telephone directory listings associated with any Mark. They must also authorize the transfer of these numbers and directory listings to Cool Binz or instruct the telephone company to forward all calls made to the telephone number to numbers Cool Binz specifies. If the franchisee fails to do so, Cool Binz can take whatever action is necessary to affect these events. Cool Binz may choose to have the franchisee's telephone numbers, domain names and/or URLs forwarded or directed to them.