Can the Deka Lash franchisee revoke the power of attorney granted to the franchisor?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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, the power of attorney granted by the franchisee to Deka Lash is irrevocable. This means that once the Franchise Agreement is signed, the franchisee cannot cancel or withdraw the power of attorney.
The power of attorney allows Deka Lash to act on behalf of the franchisee in specific situations, primarily related to the assignment of listings (telephone, internet, etc.) to Deka Lash or their designated agent upon the expiration, cancellation, or termination of the Franchise Agreement. This includes the authority to transfer listings and take necessary actions related to these listings.
The FDD explicitly states that the franchisee "renounces all rights to revoke it or to appoint another person to perform the acts referred to in this instrument." This clause is intended to secure the performance of the franchisee's duty to assign the listings to Deka Lash and is supported by consideration, further solidifying its irrevocability. The power of attorney remains effective for two years following the termination or expiration of the franchise agreement.