In the Dryer Vent Squad Franchise Agreement, what is the relationship between the 'Assignor' and the 'Franchise Agreement'?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer 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:
-
- 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.
- 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 Assignor, as franchisee, and Assignee, as franchisor, are parties to a Dryer Vent Squad Business Franchise Agreement, which is referred to as the "Franchise Agreement".
In connection with the Assignor's Dryer Vent Squad Business, the Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement. The Assignor agrees to assign all telephone numbers, facsimile numbers, listings, domain names and Digital Media that is associated with Assignor's Dryer Vent Squad Business to the assignee.
Any rights of the Assignor to telephone numbers, accounts and Digital Media exist subject to a limited license pursuant to the Dryer Vent Squad Business Franchise Agreement which shall take precedence and govern. In the event of any inconsistency or conflict between the Assignment and the Franchise Agreement, the Franchise Agreement shall take precedence and govern. The assignment will become effective automatically upon the termination or expiration of the Franchise Agreement for any reason.