Under what conditions is the Dryject franchisee's appointment of the franchisor as attorney-in-fact considered irrevocable?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, a franchisee's appointment of Dryject as their attorney-in-fact is considered irrevocable under specific conditions related to the fulfillment of obligations. This appointment grants Dryject the authority to act on behalf of the franchisee, especially concerning actions related to the Telephone Listing Agreement.
Specifically, the appointment is irrevocable until the franchisee has fully satisfied all obligations outlined in the Franchise Agreement. This extends to any and all other agreements between the franchisee (and its affiliates) and Dryject (and its affiliates), including, but not limited to, the Telephone Listing Agreement. This means Dryject retains the power of attorney until all financial, operational, and contractual duties are met by the franchisee.
This condition protects Dryject's interests by ensuring they have the legal means to manage aspects of the business, such as telephone listings, if a franchisee fails to meet their obligations. For a prospective franchisee, this underscores the importance of understanding and fulfilling all contractual obligations to regain full control over business operations and avoid potential actions taken by Dryject under the power of attorney.