Does Deka Lash have permission to use a franchisee's name and likeness?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
The 2024 Deka Lash Franchise Disclosure Document states that as a condition of signing the Franchise Agreement, the franchisee assigns to Deka Lash all listings associated with the franchise. These listings include telephone numbers, 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. This assignment is irrevocable and covers listings whether existing or adopted in the future by the franchisee.
Upon the expiration or termination of the Franchise Agreement, the franchisee's right to use these listings terminates. The franchisee must also pay all outstanding amounts related to the listings. At Deka Lash's request, the franchisee must take actions to transfer the listings and numbers to Deka Lash or its designated agent, install an intercept message, disconnect the listings, and cooperate in the removal or relisting of any directory or advertising.
Deka Lash may also 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 has the right to require the franchisee to transfer all phone numbers associated with the Franchised Business or published in any print or online directory, advertisement, marketing or promotion associated with the Marks to Deka Lash or an approved call routing and tracking vendor. This ensures Deka Lash maintains control over the brand's online presence and customer communications.