What is the 'Assignee' in the context of the Deer Solution franchise agreement?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Assignee is the franchisor of the Deer Solution Business franchise system (the "Deer Solution Business Franchise System");
WHEREAS, Assignor, as franchisee, and Assignee, as franchisor, are parties to a Deer Solution Business Franchise Agreement (the "Franchise Agreement");
WHEREAS, the term "Digital Media" shall refer to and mean "any interactive or static electronic document, application or media that is connected to and/or in a network of computers, servers and/or other devices linked by communications software, part of the world wide web (including, but not limited to websites), linked by the internet or part of a web based application, software application, smart phone based application or social media platform including, but not limited to social media platforms and applications such as Facebook, LinkedIn, X, Pinterest, Instagram, SnapChat, YouTube, and world wide web and internet based directories and local directories that refers, references, identifies, reviews, promotes and/or relates, in any way, to a Deer Solution Business, Deer Solution Businesses, Assignor's Deer Solution Business and/or trademarks associated with the Deer Solution Business Franchise System and/or Assignee. Digital Media further includes the Deer Solution Business website, web pages and website subdomains (including those related to, associated with and/or a part of the Deer Solution Business Franchise System) associated with and/or related to Assignor's Deer Solution Business and all web pages, blog posts, videos, articles, information, sub-domains, and all other media and/or publications relating to the Deer Solution Business Franchise System that is displayed and/or transmitted digitally"; and
WHEREAS, in connection with Assignor's establishment and operation of a Deer Solution 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:
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the 'Assignee' is defined within the context of assigning digital media rights upon termination or expiration of the franchise agreement. Specifically, the 'Assignee' refers to Deer Solution Franchising LLC, the franchisor of the Deer Solution Business franchise system. This means that upon termination or expiration of the franchise agreement, the rights to digital media, accounts, and related information associated with the franchisee's Deer Solution business are transferred to the franchisor.
This assignment is designed to ensure that Deer Solution maintains control over its brand and digital presence, even after a franchise agreement ends. The FDD states that any rights of the franchisee to the digital media exist subject to a limited license under the franchise agreement, which takes precedence. This is a fairly standard practice in franchising, as franchisors need to protect their brand identity and online reputation.
The assignment becomes effective automatically upon the termination or expiration of the Franchise Agreement. To facilitate this transfer, third parties can rely on a written declaration from Deer Solution Franchising LLC as proof of termination or expiration, and this declaration is considered dispositive and not subject to challenge. This clause is particularly important for ensuring a smooth transition of digital assets and preventing disputes over ownership and control of online resources.
The FDD emphasizes that the utilization of this assignment is at the sole discretion and benefit of Deer Solution Franchising LLC. This means that Deer Solution has the right, but not the obligation, to enforce the assignment and take control of the digital media. This provision protects Deer Solution's interests and ensures that it can manage its brand and online presence effectively, regardless of the circumstances of a franchise termination or expiration.