What is the relationship between Deka Lash and its franchisees, as defined by the agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
ASE OF PRIOR CLAIMS | 33 | | 21. NOTICES | 33 | | 22. ACKNOWLEDGMENTS | 33 | | 23. GUARANTY | 34 | | SCHEDULE 1 – PROTECTED AREA | 37 | | SCHEDULE 2 - OWNERSHIP ADDENDUM | 40 | | SCHEDULE 3 - STATE ADDENDA | 43 |
WHEREAS, DL Franchising, LLC d/b/a Deka Lash ("Deka Lash," "we," "us," or "our") offers a franchise program to operate studios which offer eyelash extension, eyebrow, and skincare services and related products ("System"). Our system utilizes specified marketing techniques and operating procedures; and
WHEREAS, Franchisee and all Signators identified on the signature page to this Agreement, in your personal capacity, (collectively "Franchisee," "you," or "your") desire to utilize our System and our trade names, service marks, and trademarks (collectively, the "Marks"); and
NOW, THEREFORE, for value received, Deka Lash and Franchisee ("the Parties") agree as follows:
1. GRANT OF FRANCHISE
Subject to the terms of this franchise agreement ("Agreement" or "Franchise Agreement"), we grant to you a Deka Lash franchise ("Franchised Business") using our system and our Marks in the protected area described in Schedule 1 ("Protected Area"). You agree to abide by the terms of this Agreement.
2. TERM AND RENEWAL
- 2.1. Term. Subject to the terms and conditions of this Agreement, we grant to you and you accept from us, the Franchise, license, and privilege to use the Marks, the System, and marketing materials bearing the Marks, for 10 years from the "Effective Date" of this Agreement, as designated on the signature page to this Agreement.
- 2.2 Renewal of Franchise. If you are not in breach of this Agreement, and if you meet the following conditions, and if we are still offering franchises in your geographic area at the time, you may renew the Franchise under the terms of our then-current Franchise Agreement: You must:
- a. Be in good standing and full compliance.
- b. Have satisfied all monetary obligations.
- c. Give notice at least 3 months and not more than 6 months before the end of the Franchise term established by this Agreement.
- d. Execute a general release, in a form we prescribe, following applicable law, to release us from any claims you may have against us.
- e. Execute our then-current Franchise Agreement within 30 days after it is delivered to you.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the franchise agreement establishes a relationship where Deka Lash grants the franchisee the right to operate a Deka Lash franchise using their system and trademarks within a protected area. The franchisee agrees to adhere to the terms of the franchise agreement. Deka Lash and the franchisee are referred to as 'the Parties' in the agreement.
The agreement emphasizes the franchisee's desire to utilize Deka Lash's system, trade names, service marks, and trademarks. It also states that as a condition of signing the Franchise Agreement(s), the franchisee is required to assign all of their listings associated with the Deka Lash franchise, including telephone numbers, email addresses, domain names, social media accounts, and Internet listings, to Deka Lash upon the expiration or termination of any of the Franchise Agreements.
Furthermore, the franchisee appoints Deka Lash as their attorney-in-fact for the purpose of assigning any listings to Deka Lash or their designated agent, granting Deka Lash full authority to act on behalf of the franchisee in this regard. This power of attorney is effective for two years from the date of expiration, cancellation, or termination of the Franchisee's rights under the agreement and is considered irrevocable.