What does the Assignment agreement for Deer Solution pertain to?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Assignment of Telephone Numbers and Digital Media Accounts" refers to and means the Assignment of Telephone Numbers and Digital Media Accounts agreement attached to this Agreement as Exhibit 3.
(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 Deer Solution 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 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the Assignment of Telephone Numbers and Digital Media Accounts agreement, included as Exhibit 3, concerns the assignment of digital assets upon termination or expiration of the franchise agreement. Specifically, it addresses the transfer of telephone numbers, digital media accounts, and related login information from the franchisee (Assignor) to the franchisor (Assignee). This assignment becomes effective automatically when the Franchise Agreement ends, regardless of the reason for termination or expiration.
The agreement emphasizes that it can be relied upon by third parties to authorize and permit the transfers of accounts and media to the franchisor's control. It also clarifies that the franchisor's right to utilize the assignment exists at their sole discretion and for their sole benefit. The document explicitly states that the assignment should not be interpreted as an acknowledgment that the franchisee possesses any ownership interests in the telephone numbers, accounts, or digital media, as these are subject to a limited license under the Deer Solution Business Franchise Agreement.
In practical terms, this means that when a Deer Solution franchise agreement concludes, the franchisee must transfer control of all digital assets associated with the business to the franchisor. This includes websites, social media accounts, and phone numbers used for the Deer Solution business. This provision ensures that Deer Solution maintains control over its brand's online presence and customer communications, even after a franchise relationship ends. The franchisor's declaration of the agreement's termination is considered definitive, simplifying the process for third parties to transfer control of the digital assets.
Prospective franchisees should understand that upon termination or expiration of their franchise agreement, they will lose control over all digital media and telephone numbers associated with their Deer Solution business. This is a standard practice in franchising to protect the brand's integrity and customer relationships. Franchisees should carefully review the terms of the Franchise Agreement and the Assignment of Telephone Numbers and Digital Media Accounts agreement to fully understand their obligations.