Is a Deer Solution franchisee permitted to establish Digital Media accounts respecting the Franchised Business?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
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:
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- That Assignor does hereby assign to assignee all telephone numbers, facsimile numbers, listings, domain names and Digital Media that is associated with Assignor's Deer Solution 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 Deer Solution 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 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.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution FDD, franchisees will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement. The FDD defines "Digital Media" as any interactive or static electronic document, application, or media connected to a network of computers, servers, or other devices, including websites, social media platforms like Facebook, LinkedIn, X, Pinterest, Instagram, SnapChat, and YouTube, and online directories. These digital platforms refer to or relate to Deer Solution Businesses, the Franchised Business, the Licensed Marks, the System, and/or the franchisor. Digital Media also includes the System Website, web pages, website subdomains, blog posts, videos, articles, social media accounts and pages, website directory pages, information, sub-domains and all other media and/or publications relating to the System that is displayed and/or transmitted digitally.
The FDD also states that all Digital Media, all Digital Media accounts, and all Digital Media log-in information are subject to the Franchise Agreement. Upon termination or expiration of the Franchise Agreement, all rights of the franchisee in and to the Digital Media exist subject to a limited license pursuant to the Deer Solution Business Franchise Agreement which shall take precedence and govern. The franchisor may rely on the assignment to ensure access to and control of the media is maintained by the franchisor. The utilization of this assignment exists at the sole discretion of the franchisor and for the sole benefit of the franchisor.
Furthermore, a Deer Solution franchisee's marketing and Marketing Media must be directed toward the franchisee's Operating Territory. Under no circumstance shall a franchisee cause, authorize or engage in any Media Distribution to customers, potential customers and/or customer referral sources outside of the Operating Territory, unless the distribution is a joint distribution with other Deer Solution Businesses pursuant to an Advertising Cooperative authorized by the franchisor in writing, and the franchisor agrees to it in writing. If the franchisee's Deer Solution Business or Operating Territory is located within the geographic area of an Advertising Cooperative, the franchisee must participate in and contribute to the Advertising Cooperative.