What does the phrase 'irrevocably appoints' mean in the context of Fat Shack's consent to service of process?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Fat Shack's 2025 Franchise Disclosure Document, the phrase 'irrevocably appoints' means that the franchisee authorizes Fat Shack to act as their attorney-in-fact under specific conditions. This authorization is not easily revoked. Specifically, the franchisee authorizes Fat Shack and its officers to direct telephone companies, directory publishers, domain name registrars, and social media operators to transfer any phone numbers, listings, domain names, and social media accounts related to the Fat Shack restaurant to Fat Shack or its designee.
This appointment as attorney-in-fact is triggered if the franchisee fails or refuses to make these transfers themselves. The agreement states that these third parties may accept Fat Shack's direction or the Franchise Agreement itself as conclusive evidence of Fat Shack's rights and authority to direct the transfer.
In simpler terms, if a Fat Shack franchisee fails to transfer control of the restaurant's phone numbers, domain names, or social media accounts back to Fat Shack upon termination or as otherwise required, this clause allows Fat Shack to legally take control of those assets without needing further consent from the franchisee. This protects Fat Shack's brand identity and online presence. This is a fairly standard clause in franchise agreements to ensure brand consistency and control.