What is the franchisee required to do with the Electronic Communications and Media associated with the Dog Haus Franchised Restaurant upon termination of the franchise agreement?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
The goodwill associated with all phone and fax numbers, email addresses, domain names, Websites or webpages, social media and other Internet addresses used in operation of the Franchised Restaurant ("Electronic Communications and Media") is an asset that belongs to Franchisor.
Franchisor shall have the option, exercisable by written notice within thirty (30) days after the cancellation, termination or expiration of this Agreement, to take an assignment of all Electronic Communications and Media for the Franchised Restaurant.
If Franchisor exercises this option, Franchisee will be deemed to have assigned to Franchisor or Franchisor's designee all right, title and interest in and to these and/or services associated with the same.
Franchisee shall notify the telephone company, domain name registrars and all listing agencies of the cancellation, termination or expiration of its right to use the Electronic Communications and Media associated with the Franchised Restaurant, and shall authorize their transfer to Franchisor.
Franchise hereby appoints Franchisor as its true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking such action as may be necessary to effect an assignment of Electronic Communications and Media for the Franchised Restaurant.
This power of attorney is coupled with an interest and shall survive the cancellation, termination or expiration of this Agreement.
Franchisee, by executing this Agreement, authorizes Franchisor and hereby appoints Franchisor and all of Franchisor's officers as Franchisee's attorney-in-fact to direct the telephone company, domain name registrars and all listing agencies to transfer the same to Franchisor, should Franchisee fail or refuse to do so.
The telephone company, domain name registrars and all listing agencies may accept this Agreement as conclusive evidence of Franchisor's exclusive rights to the Electronic Communications and Media and Franchisor's authority to direct their transfer.
Franchisee must sign the instruments Franchisor requests to confirm the assignments and transfers to Franchisor.
Source: Item 22 — CONTRACTS (FDD page 87)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, upon termination of the franchise agreement, the franchisee has specific obligations regarding Electronic Communications and Media associated with the restaurant. These include items such as phone and fax numbers, email addresses, domain names, websites, and social media accounts. The FDD states that the goodwill associated with these Electronic Communications and Media belongs to Dog Haus.
Dog Haus has the option to take an assignment of all Electronic Communications and Media by providing written notice within 30 days of the agreement's cancellation, termination, or expiration. If Dog Haus exercises this option, the franchisee is deemed to have assigned all rights and interests in these Electronic Communications and Media to Dog Haus or its designee. The franchisee must then notify the relevant entities, such as telephone companies and domain name registrars, about the termination of their right to use these Electronic Communications and Media and authorize their transfer to Dog Haus.
To ensure the transfer, the franchisee appoints Dog Haus as their attorney-in-fact, granting them the authority to take necessary actions to assign the Electronic Communications and Media. This power of attorney is coupled with an interest and remains valid even after the termination or expiration of the agreement. The franchisee also authorizes Dog Haus to direct telephone companies, domain name registrars, and listing agencies to transfer the Electronic Communications and Media if the franchisee fails or refuses to do so. The agreement itself can be accepted as evidence of Dog Haus's rights and authority to direct the transfer. Finally, the franchisee is obligated to sign any documents requested by Dog Haus to confirm these assignments and transfers.