Who is irrevocably appointed as the attorney-in-fact to transfer domain names associated with a terminated Crisp & Green franchise?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
- (f) immediately discontinue any mode of communications on the internet directly or indirectly relating to your Franchised Restaurant, including any websites or pages associated with your Franchised Restaurant, and immediately take all steps required by us to transfer any domain name associated with your Franchised Restaurant to us (such as executing a Registrant Name Change Agreement with the applicable Registrar).
You irrevocably appoint the person who is then our president as your duly authorized agent and attorney-in-fact to execute all instruments and take all steps to transfer such domain names;
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, in the event of termination, the person who is then the president of Crisp & Green is irrevocably appointed as the franchisee's attorney-in-fact. This appointment grants the Crisp & Green president the authority to execute all instruments and take all necessary steps to transfer any domain names associated with the terminated franchise restaurant to Crisp & Green.
This means that upon termination of the franchise agreement, the franchisee is obligated to transfer any domain names related to the restaurant to Crisp & Green. To ensure this transfer occurs smoothly, the franchisee provides the franchisor's president with the legal authority to act on their behalf. This prevents any potential delays or complications in transferring the domain name, as the president can legally execute the transfer even if the franchisee is uncooperative or unavailable.
For a prospective Crisp & Green franchisee, this clause highlights the importance of understanding the terms of termination. It ensures that Crisp & Green maintains control over its brand and online presence even after a franchise agreement ends. Franchisees should be aware that they will lose control of any domain names they used for their restaurant and should factor this into their business planning and exit strategy.