For what purpose is the franchisor appointed as attorney-in-fact for the Deka Lash franchisee?
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
be affected by the subsequent incapacity of Franchisee. This power is created to secure performance of a duty to Franchisor and is for consideration.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the franchisee appoints Deka Lash as their attorney-in-fact to act on their behalf. This appointment allows Deka Lash to assign any listings covered by the assignment to themselves or their designated agent. It also enables Deka Lash to take any other actions required of the franchisee under the agreement. This is particularly relevant upon the expiration, cancellation, or termination of the franchise agreement.
This power of attorney grants Deka Lash the authority to act in any manner necessary to exercise these powers. This includes the power of substitution and the execution or completion of any documents required by telephone or other companies to transfer such numbers. The power of attorney is effective for two years from the date of expiration, cancellation, or termination of the franchisee's rights under the agreement.
The power of attorney is intended to be coupled with an interest, declared irrevocable by the franchisee, who also renounces all rights to revoke it or appoint another person to perform the specified acts. This power of attorney remains effective even if the franchisee becomes incapacitated and is created to secure the performance of a duty to Deka Lash for consideration. This ensures that Deka Lash can manage and control the listings associated with the franchise, especially after the franchise agreement ends.