Upon termination of the Dryject Franchise Agreement, what is the franchisee obligated to do with their telephone numbers and listings if directed by the franchisor?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
lassified, yellowpage, and other telephone directory listings (collectively, the "Numbers and Listings") related to the Franchised Business or the Marks (all of which right, title, and interest is referred to herein as "Franchisee's Interest").
- 2.2 Transfer. On Termination of the Franchise Agreement, if Franchisor directs Franchisee to do so, Franchisee will immediately direct all telephone companies, telephone directory publishers, and telephone directory listing agencies (collectively, the "Telephone Companies") with which Franchisee has Telephone Numbers and Listings: (i) to transfer all Franchisee's Interest in such Telephone Numbers and Listings to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer. In the event Franchisor does not desire to accept any or all such Telephone Numbers and Listings, 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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, upon termination of the Franchise Agreement, if Dryject directs the franchisee to do so, the franchisee must immediately instruct all telephone companies, directory publishers, and listing agencies to transfer all interest in telephone numbers and listings to Dryject. The franchisee must also execute any documents and take actions necessary to complete this transfer.
Dryject also has the option to direct the franchisee to terminate the telephone numbers and listings instead of transferring them. To facilitate these actions, the franchisee appoints Dryject as their attorney-in-fact, granting them the power to take any action and execute documents necessary to fulfill the Telephone Listing Agreement. This appointment is considered irrevocable until the franchisee meets all obligations under the Franchise Agreement and related agreements.
Dryject is not obligated to accept the transfer of telephone numbers and listings. The Telephone Listing Agreement survives the termination of the Franchise Agreement, meaning these obligations continue even after the franchise relationship ends. This ensures Dryject maintains control over the phone numbers and listings associated with the Dryject business, preserving brand consistency and customer access.