What option does Dog Haus have regarding the Electronic Communications and Media used in the operation of the Franchised Restaurant after termination?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.4 Electronic Communications and Media.
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, the goodwill associated with all Electronic Communications and Media used in the operation of the Franchised Restaurant is an asset that belongs to Dog Haus. Electronic Communications and Media includes phone and fax numbers, email addresses, domain names, Websites or webpages, social media and other Internet addresses.
Dog Haus has the option to take an assignment of all Electronic Communications and Media for the Franchised Restaurant, which is exercisable by written notice within thirty (30) days after the cancellation, termination or expiration of the Franchise Agreement. If Dog Haus exercises this option, the franchisee will be deemed to have assigned all rights to these items to Dog Haus or its designee.
The franchisee is obligated to notify the telephone company, domain name registrars, and all listing agencies of the termination of their right to use the Electronic Communications and Media and must authorize their transfer to Dog Haus. The agreement also appoints Dog Haus as the franchisee's attorney-in-fact to facilitate the assignment of Electronic Communications and Media. Franchisees must also sign any instruments Dog Haus requests to confirm the assignments and transfers.