What is the purpose of the Franchisor Addendum and Conditional Assignment of Lease for a Deka Lash franchise?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Exhibit A | State Addenda to the Disclosure Document |
|---|---|
| Exhibit B | Franchise Agreement Schedule 1 - Protected Area Schedule 2 - Holders of Ownership Interest in the Franchise Schedule 3 - State Addenda |
| Exhibit C | Area Development Agreement Appendix 1 - Data Sheet Appendix 2 - State Addenda |
| Exhibit D | List of State Administrators |
| Exhibit E | Registered Agents |
| Exhibit F-1 | Franchisor Addendum |
| Exhibit F-2 | Conditional Assignment of Lease and Telephone Number Assignment |
| Exhibit F-3 | Confidentiality and Non-Disclosure Agreement |
| Exhibit F-4 | Automatic Bank Draft Authorization |
| Exhibit F-5 | Deka Lash Closing Acknowledgments |
| Exhibit F-6 | SBA Addendum |
| Exhibit G | List of Current Franchisees |
| Exhibit H | List of Former Franchisees |
| Exhibit I | Financial Statements |
| Exhibit J | Table of Contents of Operations Manual |
| Exhibit K | Release |
| Exhibit L | Area Representative Disclosures |
| Exhibit M | State Effective Dates |
| Exhibit | Receipt |
| N | |
The terms and conditions of this Addendum shall amend, supersede, replace, and control over any conflicting or inconsistent terms and conditions in the Lease; except as modified in this Addendum, all other terms and conditions of the Lease shall remain unmodified and in full force and effect.
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").
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.
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)
According to the 2024 Deka Lash Franchise Disclosure Document, Exhibit F-1 is the Franchisor Addendum, and Exhibit F-2 is the Conditional Assignment of Lease and Telephone Number Assignment. These exhibits are included as part of the disclosure document that Deka Lash provides to prospective franchisees.
The Franchisor Addendum modifies the terms of the lease agreement between the franchisee and the landlord. The terms and conditions of the addendum take precedence over any conflicting terms in the lease. All other terms and conditions of the lease remain in effect.
The Telephone Number & Internet Assignment Agreement ensures that upon expiration or termination of the Franchise Agreement, the franchisee assigns all listings associated with the Deka Lash franchise to the franchisor. This includes telephone numbers, listings, email addresses, domain names, social media accounts, Internet listings, websites, and other electronic identities used in connection with the Deka Lash brand. The franchisee must update Deka Lash of any listings adopted by the franchisee and agrees to pay all amounts pertaining to the use of the listings. Deka Lash may also require the franchisee to transfer all phone numbers associated with the franchised business to Deka Lash or an approved vendor.