What is a Deka Lash franchisee required to do regarding listings they adopt?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Deka Lash's 2024 Franchise Disclosure Document, a franchisee must update Deka Lash as soon as possible about any listings they adopt. The franchisee is responsible for paying all amounts pertaining to the use of these listings when they are due. 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.
Upon the expiration or termination of the Franchise Agreement, the franchisee's right to use the listings terminates. The franchisee is obligated to pay all outstanding amounts related to the listings, including sums owed under existing contracts for telephone directory advertising. At Deka Lash's request, the franchisee must take necessary actions to transfer the listings and numbers to Deka Lash or its designated agent. This may include installing an intercept message, disconnecting the listings, or cooperating in the removal or relisting of any directory or online advertising.
Deka Lash retains the right to require that all telephone numbers and telephone and internet equipment and service be owned or provided by Deka Lash or a supplier approved by Deka Lash. Deka Lash can also require the franchisee to transfer all phone numbers associated with the franchised business or published in any directory or advertisement to Deka Lash or an approved vendor. Furthermore, the franchisee appoints Deka Lash as their attorney-in-fact for assigning any listings to Deka Lash or its agent, granting Deka Lash full authority to act on their behalf for a period of two years after the termination of the agreement.