Is assigning listings a condition of signing the Deka Lash Franchise Agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
As a condition to signing the Franchise Agreement(s), we have required that you assign all of your Listings relating to the Deka Lash Franchise(s) to us upon the expiration or termination of any of the Franchise Agreements.
Franchisee agrees to update us as soon as possible of any listings adopted by Franchisee. Franchisee agrees to pay all amounts pertaining to the use of the Listings incurred by it when due. Upon expiration or termination of the Agreement for any reason, Franchisee's right of use of the Listings shall terminate. In the event of termination or expiration of the Agreement, Franchisee agrees to pay all amounts owed in connection with the Listings, including all sums owed under existing contracts for telephone directory advertising and to immediately at Franchisor's request, (i) take any other action as may be necessary to transfer the Listings and numbers to Franchisor or Franchisor's designated agent, (ii) install and maintain, at Franchisee's sole expense, an intercept message, in a form and manner acceptable to Franchisor on any or all of the Listings; (iii) disconnect the Listings; and/or (iv) cooperate with Franchisor or its designated agent in the removal or relisting of any telephone directory or directory assistance listing, Internet directory, website or advertising, whether published or online.
Franchisee agrees that Franchisor may require that all telephone numbers and telephone and internet equipment and service must be owned or provided by Franchisor or a supplier approved by Franchisor and that Franchisor has the right to require Franchisee to "port" or transfer to Franchisor or an approved call routing and tracking vendor all phone numbers associated with the Franchised Business or published in any print or online directory, advertisement, marketing or promotion associated with the Marks.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, assigning all listings associated with the Deka Lash franchise to the franchisor is a condition of signing the Franchise Agreement. These listings include telephone numbers, telephone listings, email addresses, domain names, social media accounts, Internet listings, websites, and comparable electronic identities used in connection with the Deka Lash brand or the operation of the franchised business. This assignment applies to both existing listings and any listings the franchisee adopts in the future.
This requirement means that a prospective Deka Lash franchisee must transfer control of all online and telephonic identities related to the business to DL Franchising, LLC. This transfer is irrevocable and becomes effective upon the expiration or termination of the Franchise Agreement. The franchisee is responsible for keeping Deka Lash updated on any new listings they create and for paying all associated costs while they operate the franchise.
Upon termination or expiration of the agreement, the franchisee's right to use these listings immediately ceases. The franchisee must also take necessary actions to transfer the listings back to Deka Lash, install intercept messages, disconnect the listings, and cooperate with Deka Lash in removing or relisting any directory information. Deka Lash retains the right to require franchisees to use telephone numbers and internet services provided or approved by them and to transfer all phone numbers to Deka Lash or an approved vendor.
Furthermore, the franchisee appoints Deka Lash as their attorney-in-fact to manage the assignment of listings, granting Deka Lash the authority to act on their behalf for this purpose. This power of attorney remains in effect for two years after the termination or expiration of the Franchise Agreement and is considered irrevocable. This ensures that Deka Lash can maintain control over the brand's online presence and customer communications even after a franchise ceases operation.