What is the required action for a Deka Lash franchisee regarding the Technology Fee?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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. 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.
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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
Based on the 2024 Deka Lash Franchise Disclosure Document, franchisees are required to adhere to specific guidelines regarding technology and listings. Upon signing the Franchise Agreement, a Deka Lash franchisee must assign all listings related to their franchise to the franchisor. These listings encompass telephone numbers, email addresses, domain names, social media accounts, internet listings, websites, and other comparable electronic identities used in connection with the Deka Lash brand. This assignment applies to both existing listings and those adopted by the franchisee in the future. Franchisees must also promptly inform Deka Lash of any new listings they adopt.
Upon the expiration or termination of the Franchise Agreement, the franchisee's right to use these listings terminates. The franchisee is then obligated to pay all outstanding amounts related to the listings, including sums owed under existing contracts for telephone directory advertising. At Deka Lash's request, the franchisee must take necessary actions to transfer the listings and numbers to the franchisor or their designated agent. This may involve installing an intercept message, disconnecting the listings, or cooperating in the removal or relisting of any directory information.
Deka Lash retains the right to mandate that all telephone numbers and internet equipment and services be owned or provided by them or an approved supplier. Furthermore, Deka Lash can require franchisees to transfer all phone numbers associated with the franchised business to the franchisor or an approved vendor. 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.