What is Assignor assigning to Assignee in relation to the Deck Medic business?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| Business Franchise System"); | WHEREAS, Assignee is the franchisor of the Deck Medic | |-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | Business franchise system (the "Deck Medic WHEREAS, Assignor, as franchisee, and Assignee, as franchisor, are parties to a Deck Medic Business Franchise Agreement (the "Franchise Agreement"); | | WHEREAS, the term "Digital Media" shall refer to and mean | | | any interactive or static digital document, | | | listing, directory, application, advertisement, link, metadata, or media that is transmitted | | | within a closed or | | | private network, or that is connected to, in communication with, and/or networked with computers, | | | applications, or other devices linked by communications systems, data systems, a part of the world wide | | | web including, traditional websites, web based applications, distributed databases, including, blockchain, | | | software applications, smart phone applications, or social media platforms such as Facebook, LinkedIn, | | | Twitter, Pinterest, Instagram, SnapChat, TikTok, and YouTube, that refers, references, identifies, reviews, | | | promotes and/or relates, in any way, to a Deck Medic | | | Business, Deck Medic | | | Businesses, Assignor's Deck | | | Medic | | | Business and/or trademarks associated with the Deck Medic | | | Business, the Deck Medic | | | Business | | | Franchise System | | | and/or Assignee; | | | and | WHEREAS, in connection with Assignor's establishment and operation of a Deck Medic Business, Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement. NOW THEREFORE, Assignor, in exchange for good and valuable consideration provided and paid by Assignee (receipt of which is hereby acknowledged), agrees: 1. That Assignor does hereby assign to assignee all telephone numbers, facsimile numbers, listings, domain names and Digital Media that is associated with Assignor's Deck Medic Business including, the following (all collectively referred to as the "Media"): | | (a) | All phone numbers, facsimile numbers and listings that are currently, or in the future, associated with Assignor's Deck Medic Business; | | (b) | The following telephone and facsimile numbers: | | | ; and | | | | (c) All Digital Media, all Digital Media accounts and all Digital Media log-in information.
The foregoing shall not be construed and/or interpreted as Assignees acknowledgment and/or agreement that Assignor owns and/or possesses any ownership interests in the foregoing telephone numbers, accounts and/or Digital Media. Any and all rights of Assignor in and to same exist subject to a limited license pursuant to the Deck Medic Business Franchise Agreement which shall take precedence and govern. However, this Assignment is intended by Assignor and Assignee to be an instrument that may be relied upon by all third parties to authorize and permit the assignments and transfers set forth in this Assignment and to facilitate the transfer of accounts and media to within the control of Assignee. Nothing contained in this Assignment shall be used to construe nor imply that Assignor possesses any ownership interests or rights in the Digital Media and in the event of any inconsistency or conflict between this Assignment and the Franchise Agreement, the Franchise Agreement shall take precedence and govern.
- This Assignment will become effective automatically upon the termination or expiration of the Franchise Agreement for any reason.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to the 2024 Deck Medic Franchise Disclosure Document, the Assignor is assigning all telephone numbers, facsimile numbers, listings, domain names, and Digital Media associated with the Assignor's Deck Medic Business to the Assignee. This includes all phone numbers, facsimile numbers, and listings currently or in the future associated with the Assignor's Deck Medic Business, as well as all Digital Media, Digital Media accounts, and Digital Media log-in information. Digital Media is defined as any interactive or static digital document, listing, directory, application, advertisement, link, metadata, or media transmitted within a closed or private network, or connected to computers, applications, or other devices linked by communications systems, data systems, or the internet.
This assignment is triggered upon the termination or expiration of the Franchise Agreement. Deck Medic, Inc. can declare in writing that the Franchise Agreement has expired or terminated, and this declaration is considered definitive and not subject to dispute. Third parties are authorized to rely on this assignment to ensure that Deck Medic, Inc. maintains access to and control of the Media.
The document specifies that this assignment does not imply that the Assignor has any ownership interests in the telephone numbers, accounts, or Digital Media. Any rights of the Assignor are subject to a limited license under the Deck Medic Business Franchise Agreement, which takes precedence. The utilization of this assignment is at the sole discretion and benefit of Deck Medic, Inc.