Does a Deka Lash franchisee have the authority to bind or obligate Deka Lash to any agreements?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
ts 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. This power is created to secure performance of a duty to Franchisor and is for consideration.
The validity, construction and performance of this Assignment is governed by the laws of the State in which we are located (currently Utah). All agreements, covenants, representations and warranties made in this Agreement survive the signing of this Agreement. All our rights inure to our benefit and to the benefit of our successors and assigns.
APPROVED AND AGREED TO BY:
FRANCHISOR DL Franchising, LLC (Name of corporation, partnership, limited d/b/a Deka Lash liability company or other legal entity or individually if blank)
EXHIBIT F-3 CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
THIS CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT ("Agreement") is made on the date entered below between DL Franchising, LLC d/b/a Deka Lash ("Company") and the below named recipient ("Recipient").
WHEREAS, Company has or is about to undertake discussions with Recipient regarding a franchise business opportunity (the "Opportunity"); and
WHEREAS, in connection with the Opportunity, Company may grant to Recipient access to Confidential Information, which such Confidential Information, including its existence and terms, the Company does not want made public, except as may be required by law;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
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- Definition.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, a Deka Lash franchisee's ability to bind or obligate Deka Lash to agreements is limited. The franchisee is required to assign all listings associated with the Deka Lash franchise, including telephone numbers, email addresses, domain names, and social media accounts, to Deka Lash. This assignment becomes effective upon the expiration or termination of the Franchise Agreement.
As part of the Telephone Number & Internet Assignment Agreement, the franchisee appoints Deka Lash as their attorney-in-fact. This appointment allows Deka Lash to act on the franchisee's behalf to assign any listings covered by the agreement to Deka Lash or their designated agent. Deka Lash is granted full authority to take necessary actions, including executing documents required to transfer such numbers. This power of attorney is effective for two years following the termination of the franchise agreement and is considered irrevocable.
Furthermore, Deka Lash retains complete and exclusive control over all Deka Lash logos, designs, and products. Franchisees are explicitly prohibited from approaching manufacturers, vendors, or third parties regarding the design or production of any Deka Lash memorabilia or products. This reinforces that franchisees do not have the authority to independently make agreements or obligations on behalf of the franchisor with outside parties.