factual

What communication guidelines, systems, and forms must Deka Lash franchisees use?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

REEMENT** is made between DL Franchising, LLC d/b/a Deka Lash, ("we," "us," or "our") and the franchisee named below ("you" or "your").

The parties are entering into one or more Franchise Agreements. For value received, Franchisee hereby irrevocably assigns to Franchisor all listings associated with the Deka Lash franchise, including all telephone numbers, telephone listings, email addresses, domain names, social media accounts, Internet listings, websites, and comparable electronic identities used in connection with the Marks or the operation of the Franchised Business covered by the Agreement, whether now-existing or adopted by Franchisee in the future, (collectively "Listings").

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.

Franchisee appoints Franchisor as Franchisee's attorney-in-fact, to act in Franchisee's place, for the purpose of assigning any Listings covered by the Assignment to Franchisor or Franchisor's designated agent or taking any other actions required of Franchisee under this Agreement. Franchisee grants Franchisor full authority to act in any manner proper or necessary to the exercise of the forgoing powers, including full power of substitution and execution or completion of any documents required or requested by any telephone or other company to transfer such numbers, and Franchisee ratifies every act that Franchisor may lawfully perform in exercising those powers. This power of attorney shall be effective for a period of two (2) years from the date of expiration, cancellation or termination of Franchisee's rights under the Agreement for any reason. Franchisee intends that this power of attorney be coupled with an interest. Franchisee declares this power of attorney to be irrevocable and renounces all rights to revoke it or to appoint another person to perform the acts referred to in this instrument. This power of attorney shall not

be affected by the subsequent incapacity of Franchisee.

Source: Item 23 — RECEIPT (FDD pages 63–234)

What This Means (2024 FDD)

According to the 2024 Deka Lash Franchise Disclosure Document, franchisees must adhere to specific communication guidelines and systems, particularly regarding telephone and internet listings. Deka Lash requires franchisees to assign all listings associated with the franchise, including telephone numbers, email addresses, domain names, social media accounts, and websites, to Deka Lash. This assignment is a condition of signing the Franchise Agreement, ensuring that Deka Lash maintains control over its brand identity and online presence. Upon termination or expiration of the franchise agreement, the franchisee's right to use these listings terminates, and they must transfer the listings back to Deka Lash or its designated agent.

Furthermore, Deka Lash has the right to mandate that all telephone and internet equipment and services be owned or provided by Deka Lash or an approved supplier. Deka Lash can also require franchisees to transfer all phone numbers associated with the Franchised Business to Deka Lash or an approved vendor. This level of control ensures consistency and quality in customer communications and allows Deka Lash to manage its brand reputation effectively. Franchisees are responsible for updating Deka Lash of any listings they adopt and for paying all amounts pertaining to the use of the Listings incurred by it when due.

In addition to these specific requirements, Deka Lash also emphasizes the importance of professional client service and employee training. Franchisees must interact with clients in a professional and respectful manner and ensure their employees are well-trained to provide excellent customer service. This includes adhering to any guidelines specified in the Operations Manual or other written communications from Deka Lash. Franchisees must also acknowledge their understanding and acceptance of the franchise terms by initialing and signing the Franchisee Closing Acknowledgement, confirming they have reviewed the Franchise Disclosure Document and Franchise Agreement and are not relying on any unwritten statements or promises. These measures ensure that franchisees are fully aware of their obligations and responsibilities within the Deka Lash system.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.