What must a Deka Lash franchisee do with their interest according to the franchise agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees are required to assign all listings associated with their Deka Lash franchise to the franchisor. These listings include telephone numbers, email addresses, domain names, social media accounts, internet listings, websites, and other comparable electronic identities used in connection with the Deka Lash brand or the operation of the franchised business. This assignment applies to listings that exist at the time of the agreement and any listings the franchisee adopts in the future.
As a condition of signing the Franchise Agreement, Deka Lash requires this assignment to take effect upon the expiration or termination of the Franchise Agreement. The franchisee is obligated to keep Deka Lash updated on any listings they adopt. They are also responsible for paying all amounts related to the use of these listings when they are due. Upon termination or expiration of the agreement, the franchisee's right to use the listings ends.
In the event of termination or expiration, the franchisee must fulfill several obligations at Deka Lash's request. These include taking necessary actions to transfer the listings and numbers to Deka Lash or its designated agent. The franchisee may also be required to install and maintain an intercept message on the listings, disconnect the listings, and cooperate in the removal or relisting of any directory or advertising. Deka Lash retains the right to require that all telephone numbers and internet equipment be owned or provided by them or an approved supplier, and they can mandate the franchisee to transfer all phone numbers associated with the franchise to Deka Lash or an approved vendor.
To ensure compliance, the franchisee appoints Deka Lash as their attorney-in-fact, granting them the authority to act on their behalf for assigning any listings. This power of attorney is effective for two years following the termination or expiration of the agreement and is considered irrevocable. It is intended to secure the performance of the franchisee's duty to Deka Lash and is supported by consideration, meaning something of value is exchanged for the power of attorney.