factual

Does Deka Lash require franchisees to maintain a dedicated telephone number?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

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.

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.

Source: Item 23 — RECEIPT (FDD pages 63–234)

What This Means (2024 FDD)

According to the 2024 Deka Lash Franchise Disclosure Document, Deka Lash has specific requirements regarding telephone numbers and listings for its franchisees. Deka Lash may require that all telephone numbers and telephone and internet equipment and service must be owned or provided by Deka Lash or a supplier approved by Deka Lash.

Furthermore, Deka Lash retains the right to require franchisees to "port" or transfer all phone numbers associated with the franchised business to Deka Lash or an approved call routing and tracking vendor. This includes numbers published in any print or online directory, advertisement, marketing, or promotion associated with the Deka Lash brand. Upon expiration or termination of the Franchise Agreement, the franchisee's right to use these listings terminates, and the franchisee must transfer the listings and numbers to Deka Lash or its designated agent.

To ensure compliance, Deka Lash includes a Telephone Number & Internet Assignment Agreement as part of the franchise agreement. This agreement irrevocably assigns all listings associated with the Deka Lash franchise to the franchisor, including telephone numbers, email addresses, domain names, social media accounts, Internet listings, and websites. Deka Lash is also granted the power of attorney to act on behalf of the franchisee to assign any listings to Deka Lash or its agent, which remains effective for two years after the termination of the franchise agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.