factual

In the Dryer Vent Squad Franchise Agreement, what is the relationship between the 'Assignee' and the 'Franchise Agreement'?

Dryer_Vent_Squad Franchise · 2024 FDD

Answer from 2024 FDD Document

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Franchise Agreement Exhibit 4 Assignment of Telephone Numbers and Digital Media Accounts

ASSIGNMENT OF TELEPHONE NUMBERS AND DIGITAL MEDIA ACCOUNTS

(for the benefit of DVS Holdings, Inc. and its assigns)

THIS ASSIGNMENT OF TELEPHONE Numbers AND DIGITAL MEDIA ACCOUNTS ASSIGNMENT
("Ass ignment") is en tered l into between (the "Assigno or") and DVS Holdings, Inc
and it s successors and l ass igns (the "Ass ignee").

WHEREAS, Assignee is the franchisor of the Dryer Vent Squad Business franchise system (the "Dryer Vent Squad Business Franchise System");

WHEREAS, Assignor, as franchisee, and Assignee, as franchisor, are parties to a Dryer Vent Squad Business Franchise Agreement (the "Franchise Agreement");

WHEREAS, the term "Digital Media" shall refer to and mean "any interactive or static electronic document, application or media that is connected to and/or in a network of computers, servers and/or other devices linked by communications software, part of the world wide web (including, but not limited to websites), linked by the internet or part of a web based application, software application, smart phone based application or social media platform including, but not limited to social media platforms and applications such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, Snapchat, YouTube, and Google+, and world wide web and internet based directories and local directories that refers, references, identifies, reviews, promotes and/or relates, in any way, to a Dryer Vent Squad Business, Dryer Vent Squad Businesses, Assignor's Dryer Vent Squad Business and/or trademarks associated with the Dryer Vent Squad Business Franchise System and/or Assignee. Digital Media further includes the Dryer Vent Squad Business website, web pages and website subdomains (including those related to, associated with and/or a part of the Dryer Vent Squad Business Franchise System) associated with and/or related to Assignor's Dryer Vent Squad Business and all web pages, blog posts, videos, articles, information, sub-domains, and all other media and/or publications relating to the Dryer Vent Squad Business Franchise System that is displayed and/or transmitted digitally"; and

WHEREAS, in connection with Assignor's establishment and operation of a Dryer Vent Squad Business, Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement.

NOW THEREFORE, Assignor, in exchange for good and valuable consideration provided and paid by Assignee (receipt of which is hereby acknowledged), agrees:

    1. That Assignor does hereby assign to assignee all telephone numbers, facsimile numbers, listings, domain names and Digital Media that is associated with Assignor's Dryer Vent Squad Business including, the following (all collectively referred to as the "Media"):
    • (a) All phone numbers, facsimile numbers and listings that are currently, or in the future, associated with Assignor's Dryer Vent Squad Business;
    • (b) The following telephone and facsimile numbers:

; and (c) All Digital Media, all Digital Media accounts and all Digital Media log-in information.

The foregoing shall not be construed and/or interpreted as Assignees acknowledgment and/or agreement that Assignor owns and/or possesses any ownership interests in the foregoing telephone numbers, accounts and/or Digital Media. Any and all rights of Assignor in and to same exist subject to a limited license pursuant to the Dryer Vent Squad Business Franchise Agreement which shall take precedence and govern. However, this Assignment is intended by Assignor and Assignee to be an instrument that may be relied upon by all third parties to authorize and permit the assignments and transfers set forth in this Assignment and to facilitate the transfer of accounts and media to within the control of Assignee. Nothing contained in this Assignment shall be used to construe nor imply that Assignor possesses any ownership interests or rights in the Digital Media and in the event of any inconsistency or conflict between this Assignment and the Franchise Agreement, the Franchise Agreement shall take precedence and govern.

  1. This Assignment will become effective automatically upon the termination or expiration of the Franchise Agreement for any reason.

Source: Item 23 — RECEIPTS (FDD pages 51–207)

What This Means (2024 FDD)

According to the 2024 Dryer Vent Squad Franchise Disclosure Document, the 'Assignee' is the franchisor of the Dryer Vent Squad Business franchise system. The 'Franchise Agreement' is a Dryer Vent Squad Business Franchise Agreement to which the Assignor (the franchisee) and the Assignee (the franchisor) are parties. The Franchise Agreement grants the franchisee a limited license to use telephone numbers and digital media associated with their Dryer Vent Squad Business. This license is subject to the terms of the Franchise Agreement, which takes precedence over any other agreement. Upon termination or expiration of the Franchise Agreement, the assignment of telephone numbers and digital media to the Assignee becomes effective automatically.

Dryer Vent Squad retains control over the digital media and telephone numbers associated with the franchise. This ensures brand consistency and customer access to Dryer Vent Squad services, even if a franchise changes ownership or ceases operation. The franchisee's rights to use these assets are governed by the Franchise Agreement, which prioritizes the franchisor's interests and control over the Dryer Vent Squad brand and system.

For a prospective Dryer Vent Squad franchisee, this means that upon termination or expiration of the franchise agreement, all telephone numbers, facsimile numbers, listings, domain names, and digital media associated with their Dryer Vent Squad Business will be assigned to the franchisor. This includes all phone numbers, digital media accounts, and login information. The franchisee must understand that their rights to use these assets are limited and subject to the terms of the Franchise Agreement, which favors the franchisor's control and ownership.

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.