For how long is the power of attorney granted to Cr3 American Exteriors effective?
Cr3_American_Exteriors Franchise · 2025 FDDAnswer from 2025 FDD Document
For value received, Franchisee hereby irrevocably appoints Franchisor as Franchisee's attorney-in-fact, to act in Franchisee's place, for the purpose of assigning any Listings. This appointment gives to us full power to receive, transfer or assign to us or our designee or take any other actions required of Franchisee under the Agreement. Franchisee grants Franchisor full authority to act in any manner proper or necessary to the exercise of the foregoing powers, including full power of substitution and execution or completion of any documents required or requested by any telephone or other company to transfer such Listings and Franchisee ratifies every act that Franchisor may lawfully perform in exercising those powers. This power of attorney shall be effective for a period of two (2) years from the date of expiration, cancellation or termination of Franchisee's rights under the Agreement for any reason. Franchisee declares this power of attorney to be irrevocable and renounces all rights to revoke it or to appoint another person to perform
the acts referred to in this instrument. This power of attorney shall not be affected by the subsequent incapacity of Franchisee. This power is created to secure performance of a duty to Franchisor and is for consideration.
Source: Item 23 — RECEIPTS (FDD pages 53–150)
What This Means (2025 FDD)
According to Cr3 American Exteriors' 2025 Franchise Disclosure Document, the power of attorney granted to Cr3 American Exteriors is effective for a period of two years. This two-year period begins from the date of the expiration, cancellation, or termination of the franchisee's rights under the Franchise Agreement, regardless of the reason for termination.
This appointment as attorney-in-fact allows Cr3 American Exteriors to act on behalf of the franchisee for the purpose of assigning any listings related to the franchise. This includes the full power to receive, transfer, or assign these listings to Cr3 American Exteriors or their designee, as well as taking any other actions required of the franchisee under the agreement. The franchisee grants Cr3 American Exteriors full authority to perform any action necessary to exercise these powers, including executing or completing documents required by any telephone or other company to transfer the listings.
The power of attorney is declared to be irrevocable by the franchisee, who also renounces all rights to revoke it or appoint another person to perform the specified acts. Furthermore, this power of attorney remains effective even if the franchisee becomes incapacitated. The document specifies that this power is created to secure the performance of a duty to Cr3 American Exteriors and is supported by consideration.
This arrangement ensures that Cr3 American Exteriors can manage and control the listings associated with the franchise even after the franchise agreement ends, which is a fairly common practice in franchising to maintain brand consistency and customer relationships. Prospective franchisees should understand the implications of granting this power of attorney, particularly concerning their ability to control or manage their business listings after the franchise agreement concludes.