What is the purpose of Cr3 American Exteriors being appointed as the franchisee's attorney-in-fact?
Cr3_American_Exteriors Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may require Franchisee to "port" or transfer to Franchisor or an approved call routing and tracking vendor all Listings.
Appointment as Attorney in Fact.
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's 2025 Franchise Disclosure Document, franchisees are required to appoint Cr3 American Exteriors as their attorney-in-fact. This appointment becomes effective upon the expiration or termination of the Franchise Agreement. The purpose of this appointment is to allow Cr3 American Exteriors to manage the franchisee's telephone numbers, listings, and advertisements related to the franchise.
Specifically, this appointment grants Cr3 American Exteriors the authority to act on behalf of the franchisee in assigning any listings. This includes the power to receive, transfer, or assign the listings to Cr3 American Exteriors or their designee. Cr3 American Exteriors also has the power to take any other actions required of the franchisee under the agreement. The power of attorney gives Cr3 American Exteriors full authority to act in any manner necessary to exercise these powers, including executing or completing documents required by telephone or other companies to transfer the listings.
This power of attorney is effective for two years from the date of expiration, cancellation, or termination of the franchisee's rights under the agreement. The document states that the power of attorney is irrevocable, meaning the franchisee cannot revoke it or appoint another person to perform these actions. This ensures that Cr3 American Exteriors can maintain control over the listings even after the franchise agreement ends. The FDD states that this power of attorney secures the performance of a duty to Cr3 American Exteriors and is provided for consideration.