factual

Is the Devon Creek franchisee required to assign domain names to the franchisor?

Devon_Creek Franchise · 2024 FDD

Answer from 2024 FDD Document

an individual, residing at | | ("Principal(s)"). | and Principal(s) shall be collectively referred to in | | this Agreement as the "Franchisee". | | WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Devon Creek franchised business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, use software, and use telephone listings linked to the Devon Creek brand.

WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;

NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Definitions

All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.

2. Internet Advertising and Telephone Listings

  • 2.1 Interest in Web Sites, Social Media Accounts, Other Electronic Listings and Software. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet web sites, the right to hyperlink to certain web sites and listings on various internet search engines, and the right to use certain software (collectively, "Electronic Advertising and Software") related to the Franchised Business or the Marks.
  • 2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regul

Source: Item 22 — CONTRACTS (FDD page 45)

What This Means (2024 FDD)

According to Devon Creek's 2024 Franchise Disclosure Document, franchisees may acquire domain names related to the franchised business. The Franchise Agreement stipulates that Devon Creek franchisees may obtain rights to domain names, social media accounts, and software related to the Devon Creek brand during the term of the agreement.

Specifically, the agreement states that franchisees may acquire interests in domain names, social media accounts, and website addresses related to the Devon Creek business. It also mentions telephone numbers and listings.

This implies that while franchisees might initially acquire these digital assets, the terms of the franchise agreement likely dictate how these assets are managed and potentially transferred, especially upon termination of the agreement. A prospective franchisee should clarify with Devon Creek the specific conditions under which they would be required to transfer ownership or control of these digital assets to the franchisor.

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.