What consideration is provided by the Assignee in exchange for the assignment of telephone numbers, facsimile numbers, listings, domain names and Digital Media associated with Assignor's Deck Medic Business?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
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. As to all third parties proof of the expiration or termination of the Franchise Agreement shall exist exclusively upon the written declaration of Assignee and Assignee's declaration shall be dispositive and not subject to challenge. Assignor acknowledges that all third parties may rely on this Assignment for the purpose of taking any and all actions to ensure that access to and control of the Media is maintained by Assignee.
UTILIZATION OF THIS ASSIGNMENT SHALL EXIST AT THE SOLE DISCRETION OF ASSIGNEE AND FOR THE SOLE BENEFIT OF ASSIGNEE.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
Based on the 2024 FDD, the document does not specify the exact consideration provided by the Assignee (Deck Medic, Inc. or its assigns) to the Assignor (the franchisee) for the assignment of telephone numbers, facsimile numbers, listings, domain names, and Digital Media accounts. However, the FDD does state that the utilization of this assignment exists at the sole discretion and benefit of the Assignee.
According to Exhibit 3 of the franchise agreement, the assignment becomes effective automatically upon the termination or expiration of the Franchise Agreement for any reason. The FDD emphasizes that third parties can rely on this assignment to ensure the Assignee maintains access to and control of the media. The franchisee is obligated to transfer or assign all telephone numbers, email addresses, web-based media listings, accounts, and login information associated with their former Deck Medic Business as directed by Deck Medic.
While the FDD outlines the process and obligations related to the assignment of these digital assets, it does not explicitly state what the franchisee receives in return for this assignment. A prospective franchisee should seek clarification from Deck Medic regarding any compensation or consideration they will receive in exchange for the assignment of these assets upon termination or expiration of the franchise agreement.