What legal compliance is required for a Deka Lash franchise transfer?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
You shall ensure that your employees have any training, licenses, or certifications required by applicable law.
You are solely responsible for hiring, firing, compensating, paying applicable payroll taxes and day-to-day supervision and control over your employees.
- 6.8 Insurance. You are required to have insurance as may be required by your state laws and as we may specify in the Operations Manual.
You must name DL Franchising, LLC and our respective affiliates, officers, directors, members and agents and others as their interest may appear on a primary, noncontributory basis as an additional insured on these policies and send proof of same to us.
Certificates of insurance must be sent in upon the annual expiration date.
If
you suffer a loss to your franchise, such as fire or theft, you are required to use the insurance proceeds to replace or repair the premises or property damaged or lost.
THIS ASSIGNMENT AGREEMENT is made between DL Franchising, LLC d/b/a Deka Lash, ("we," "us," or "our") and the franchisee named below ("you" or "your").
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").
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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, Deka Lash franchisees must ensure their employees have all legally required training, licenses, and certifications. This includes compliance with state laws and any specific requirements outlined in the Deka Lash Operations Manual. Franchisees are responsible for all aspects of employee management, including hiring, firing, compensation, payroll taxes, and daily supervision.
Additionally, franchisees must maintain insurance coverage as mandated by state laws and Deka Lash, naming DL Franchising, LLC, and its affiliates as additional insured parties. Certificates of insurance must be provided annually. In the event of a loss, such as fire or theft, insurance proceeds must be used to repair or replace the damaged property.
Furthermore, upon the expiration or termination of the Franchise Agreement, the franchisee must transfer all listings associated with the Deka Lash franchise to the franchisor. This includes telephone numbers, internet listings, and social media accounts. Deka Lash is authorized to act as the franchisee's attorney-in-fact for assigning these listings. The validity and performance of the Telephone Number & Internet Assignment Agreement are governed by the laws of the state in which Deka Lash is located (currently Utah).
These provisions ensure that Deka Lash franchisees operate in compliance with applicable laws and maintain adequate insurance coverage, while also protecting the franchisor's brand identity and control over key business assets like telephone numbers and internet listings.