What specific addendum or assignment must be included in the lease or sublease for a Deka Lash franchise?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
EXHIBIT F-2 TELEPHONE NUMBER & INTERNET ASSIGNMENT AGREEMENT
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. 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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, Exhibit F-2, the Telephone Number & Internet Assignment Agreement, must be included. This agreement stipulates that the franchisee irrevocably assigns to Deka Lash all listings associated with the franchise, including telephone numbers, listings, email addresses, domain names, social media accounts, internet listings, websites, and comparable electronic identities used in connection with the Deka Lash brand or the operation of the franchised business. This assignment covers both existing listings and those adopted by the franchisee in the future.
As a condition of signing the Franchise Agreement, Deka Lash requires the franchisee to assign all listings related to the Deka Lash franchise upon the expiration or termination of the Franchise Agreement. This ensures that Deka Lash maintains control over its brand identity and customer communications.
Upon termination or expiration of the agreement, the franchisee's right to use these listings terminates. The franchisee is responsible for paying all amounts owed in connection with 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 Deka Lash or its designated agent, install an intercept message, disconnect the listings, and cooperate in the removal or relisting of any directory or advertising.
Furthermore, Deka Lash may require that all telephone numbers and internet equipment and service be owned or provided by Deka Lash or an approved supplier. Deka Lash has the right to require the franchisee to transfer all phone numbers associated with the franchised business to Deka Lash or an approved call routing and tracking vendor.