factual

After termination of a Deka Lash franchise, what must a franchisee do regarding the use of Deka Lash's marks?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

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, franchisees must assign all listings related to their Deka Lash franchise to the franchisor upon expiration or termination of the Franchise Agreement. These listings include telephone numbers, listings, email addresses, domain names, social media accounts, internet listings, websites, and other comparable electronic identities used in connection with the Deka Lash marks or the operation of the franchised business. This assignment is a condition of signing the Franchise Agreement.

Upon termination or expiration of the agreement, the franchisee's right to use these listings immediately terminates. The franchisee is responsible for paying all outstanding amounts related to the listings, including sums owed under existing contracts for telephone directory advertising.

Furthermore, at Deka Lash's request, the franchisee must take necessary actions to transfer the listings and numbers to Deka Lash or its designated agent. This includes installing and maintaining an intercept message acceptable to Deka Lash, disconnecting the listings, and cooperating in the removal or relisting of any directory or advertising. Deka Lash may also require the franchisee to transfer all phone numbers associated with the franchised business to Deka Lash or an approved vendor.

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.