Who does Fat Shack appoint as its attorney in North Dakota?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that, as between Franchisee and FSI, FSI has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings, all domain names, and social media websites or accounts associated with any Mark.
Franchisee authorizes FSI, and hereby appoints FSI and any of its officers as Franchisee's attorney-in-fact, to direct the telephone company and all telephone directory publishers, domain name registration companies, and social media website operators to transfer any telephone, telecopy or facsimile machine numbers, directory listings, domain names, and social media websites and accounts relating to the FAT SHACK Restaurant to FSI or its designee, should Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers, domain name registration companies, and social media website operators may accept such direction or this Agreement as conclusive evidence of FSI's exclusive rights in such telephone numbers, directory listings, domain names, and social media websites and accounts, and FSI's authority to direct their transfer.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to the 2025 Fat Shack FDD, the franchisee authorizes Fat Shack Inc. (FSI) to act as their attorney-in-fact, along with any of its officers. This appointment specifically pertains to directing telephone companies, directory publishers, domain name registration companies, and social media website operators to transfer any telephone, telecopy or facsimile machine numbers, directory listings, domain names, and social media websites and accounts related to the Fat Shack Restaurant to FSI or its designee.
This authorization is conditional. It only comes into effect if the franchisee fails or refuses to make these transfers themselves. The agreement states that these entities (telephone companies, directory publishers, etc.) may accept Fat Shack's direction or the Franchise Agreement itself as conclusive evidence of Fat Shack's exclusive rights and authority to direct these transfers.
This clause ensures that Fat Shack maintains control over its brand's presence and contact information, even if a franchisee becomes uncooperative. It protects Fat Shack's brand identity and ensures consistency across all locations. However, the FDD does not specify any particular attorney in North Dakota.