Can the Devon Creek franchisee revoke the power of attorney granted to Devon Creek before fulfilling all obligations?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 13.5 Social Media Use. Franchisee may not maintain any business profile on Facebook, Instagram, TikTok, Twitter, LinkedIn, YouTube or any other social media and/or networking site except in strict accordance with Franchisor's requirements, as follows:
- 13.5.1 Franchisee shall provide Franchisor with all passwords and administrative rights to any and all social media accounts for the Franchised Business, and Franchisee hereby appoints Franchisor its true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking whatever action as is necessary for the best interest of the System, if Franchisee fails to maintain such accounts in accordance with Franchisor's standards.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
The Devon Creek 2024 Franchise Disclosure Document states that franchisees must provide Devon Creek with all passwords and administrative rights to any and all social media accounts for the Franchised Business. Furthermore, the franchisee appoints Devon Creek as their "true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking whatever action as is necessary for the best interest of the System, if Franchisee fails to maintain such accounts in accordance with Franchisor's standards."
This clause indicates that the power of attorney granted to Devon Creek is specifically for managing social media accounts related to the franchise. The FDD does not explicitly address whether a franchisee can revoke this power of attorney before fulfilling all obligations related to social media account management or other franchise obligations.
Without explicit information on the ability to revoke the power of attorney, it is important for a prospective franchisee to seek clarification from Devon Creek regarding the conditions under which this power of attorney can be revoked, and what the implications would be for both parties. Understanding the duration and revocability of this power is crucial for managing the franchisee's business and online presence.