What action must a Crawlspace Medic franchisee take immediately upon termination of the Franchise Agreement regarding Electronic Advertising and Telephone Listings?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
- 2.3.1 direct all internet service providers, domain name registries, internet search engines, social media companies, and other listing agencies (collectively, the "Internet Companies") with which Franchisee has Internet Web Sites, Social Media Accounts and other Listings: (i) to transfer all of Franchisee's Interest in such Internet Web Sites, Social Media Accounts and other Listings to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer.
In the event Franchisor does not desire to accept any or all such Internet Web Sites, Social Media Accounts and other Listings, Franchisee will immediately direct the Internet Companies to terminate such Internet Web Sites, Social Media Accounts and other Listings or will take such other actions with respect to the Internet Web Sites, Social Media Accounts and other Listings as Franchisor directs; and
- 2.3.2 direct all telephone companies, telephone directory publishers, and telephone directory listing agencies (collectively, the "Telephone Companies") with which Franchisee has Telephone Numbers and Listings: (i) to transfer all Franchisee's Interest in such Telephone Numbers and Listings to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer.
In the event Franchisor does not desire to accept any or all such Telephone Numbers and Listings, Franchisee will immediately direct the Telephone Companies to terminate such Telephone Numbers and Listings or will take such other actions with respect to the Telephone Numbers and Listings as Franchisor directs.
- 2.4 Appointment; Power of Attorney.
Franchisee hereby constitutes and appoints Franchisor and any officer or agent of Franchisor, for Franchisor's benefit under the Franchise Agreement and this 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 Agreement.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, upon termination of the Franchise Agreement, a franchisee must take immediate action regarding Electronic Advertising and Telephone Listings. Specifically, the franchisee is required to contact all Internet Companies with which they have Internet Web Sites, Social Media Accounts, and other Listings. They must direct these Internet Companies to transfer all of the franchisee's interest in these online assets to Crawlspace Medic. If Crawlspace Medic does not want these assets, the franchisee must direct the Internet Companies to terminate the web sites, social media accounts, and listings, or take other actions as directed by Crawlspace Medic. This ensures that Crawlspace Medic maintains control over its brand's online presence. The term "Internet Companies" includes internet service providers, domain name registries, internet search engines, social media companies, and other listing agencies.
Similarly, the franchisee must contact all Telephone Companies with which they have Telephone Numbers and Listings. They must instruct these Telephone Companies to transfer all of the franchisee's interest in the Telephone Numbers and Listings to Crawlspace Medic. If Crawlspace Medic does not want these assets, the franchisee must direct the Telephone Companies to terminate the Telephone Numbers and Listings, or take other actions as directed by Crawlspace Medic. This ensures that Crawlspace Medic maintains control over its brand's telephone presence. The term "Telephone Companies" includes telephone companies, telephone directory publishers, and telephone directory listing agencies.
Crawlspace Medic also has the power of attorney to act on behalf of the franchisee to accomplish the purposes of the agreement. This includes the ability for Crawlspace Medic to execute documents and take action regarding the transfer or termination of the Electronic Advertising and Telephone Listings. This provision grants Crawlspace Medic significant control over the franchisee's online and telephone presence upon termination of the agreement.