Is a Deka Lash franchisee required to maintain a dedicated telephone number for the Franchised Business?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Deka Lash's 2024 Franchise Disclosure Document, Deka Lash franchisees may be required to use telephone numbers and equipment owned or provided by Deka Lash or an approved supplier. Deka Lash retains the right to require franchisees to transfer all phone numbers associated with the franchised business to Deka Lash or an approved vendor. This includes numbers published in any directory or used in marketing.
This requirement allows Deka Lash to maintain control over its brand and customer communications. It also ensures consistency in how customer inquiries and appointments are handled across all franchise locations. For a franchisee, this means they may not have the freedom to choose their own phone service provider or use existing business numbers.
Upon termination or expiration of the franchise agreement, the franchisee must transfer all listings and numbers to Deka Lash or its agent. The franchisee is responsible for the costs associated with this transfer, including any outstanding amounts owed for telephone directory advertising. They must also install an intercept message on the listings, disconnect the listings, or cooperate with Deka Lash in removing or relisting any directory information. This ensures a clean break and prevents confusion for customers after a franchise closes.
Furthermore, the franchisee appoints Deka Lash as their attorney-in-fact for the purpose of assigning any listings to Deka Lash or its designated agent. This power of attorney is effective for two years after the termination or expiration of the franchise agreement and is considered irrevocable. This grants Deka Lash the authority to act on behalf of the franchisee to ensure the transfer of phone numbers and listings is completed smoothly.