Does the Deer Solution franchise agreement specify any exceptions to the assignment of telephone numbers and digital media accounts?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
(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 becomes effective automatically upon the termination or expiration of the Franchise Agreement for any reason. A key aspect of this assignment is that third parties can rely on the written declaration of Deer Solution Franchising LLC (the Assignee) as proof of termination or expiration, and this declaration is considered dispositive and not subject to challenge. This is designed to ensure that access to and control of the media is maintained by the Assignee.
However, the document also clarifies that the assignment should not be interpreted as an acknowledgment that the franchisee (Assignor) owns any interests in the telephone numbers, accounts, or Digital Media. The franchisee's rights to these assets are subject to a limited license under the Deer Solution Business Franchise Agreement, which takes precedence over the assignment itself. The primary intent of the assignment is to facilitate the transfer of accounts and media to the control of Deer Solution Franchising LLC, allowing third parties to authorize and permit these transfers.
In essence, while the assignment agreement facilitates the transfer of control over digital assets back to Deer Solution upon termination or expiration of the franchise agreement, it also protects Deer Solution by clarifying that the franchisee doesn't gain ownership rights over these assets simply by using them during the franchise term. This ensures a smooth transition and prevents disputes over digital properties when the franchise relationship ends. The utilization of this assignment exists at the sole discretion and benefit of Deer Solution.