Does the Dryject Franchise Agreement allow the franchisor to execute documents on behalf of the franchisee related to telephone listings?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
istings, Franchisee will immediately direct the Telephone Companies to terminate such Telephone Numbers and Listings or will take such other actions with respect to the Telephone Numbers and Listings as Franchisor directs.
2.3 Appointment; Power of Attorney. Franchisee hereby constitutes and appoints Franchisor and any officer or agent of Franchisor, for Franchisor's benefit under the Franchise Agreement and this Telephone Listing Agreement or otherwise, with full power of substitution, as Franchisee's true and lawful attorney-in-fact with full power and authority in Franchisee's place and stead, and in Franchisee's name or the name of any affiliated person or affiliated company of Franchisee, on Termination of the Franchise Agreement, to take any and all appropriate action and to execute and deliver any and all documents that may be necessary or desirable to accomplish the purposes of this Telephone Listing Agreement. Franchisee further agrees that this appointment constitutes a power coupled with an interest and is irrevocable until Franchisee has satisfied all of its obligations under the Franchise Agreement and any and all other agreements to which Franchisee and any of its affiliates on the one hand, and Franchisor and any of its affiliates on the other, are parties, including, without limitation, this Telephone Listing Agreement. Without limiting the generality of the foregoing, Franchisee hereby grants to Franchisor the power and right to do the following:
2.3.1 Direct the Telephone Companies to transfer all Franchisee's Interest in and to the Telephone Numbers and Listings to Franchisor;
2.3.2 Direct the Telephone Companies to terminate any or all of the Telephone Numbers and Listings;
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the Franchise Agreement grants Dryject Management, LLC the authority to act as the franchisee's attorney-in-fact and execute documents related to telephone listings upon termination of the Franchise Agreement. This includes directing telephone companies to transfer the franchisee's interest in telephone numbers and listings to Dryject. This appointment is considered irrevocable until the franchisee fulfills all obligations under the Franchise Agreement and related agreements.
Specifically, Dryject has the power to direct telephone companies to transfer all of the franchisee's interest in telephone numbers and listings to Dryject, direct the termination of any or all of the telephone numbers and listings, and execute the telephone companies' standard assignment forms or other documents to affect the transfer or termination of the franchisee's interest. The franchisee also agrees to execute any instruments and take actions necessary to effect the transfer and call-forwarding of telephone calls as Dryject deems necessary.
This arrangement ensures that Dryject can maintain control over the telephone listings associated with the Dryject business after a franchise agreement ends. The franchisee relinquishes control over these assets and must cooperate with Dryject to transfer or terminate them. The Telephone Listing Agreement survives the termination of the Franchise Agreement, further emphasizing the franchisor's continued rights regarding these listings.
This is a fairly common practice in franchising, as franchisors often want to maintain consistent branding and customer service even after a franchisee leaves the system. By controlling the phone listings, Dryject can ensure that customer inquiries continue to be directed appropriately and that the brand's reputation is protected.