What rights to telephone numbers of the Franchised Business must a Fly Fitness franchisee assign to Fly Fitness at Fly Fitness's option?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.3.
Assignment of Telephone Numbers.
Franchisee, at the option of Franchisor, shall assign to Franchisor all rights to the telephone numbers of the Franchised Business and any related public directory listing or other business listings and execute all forms and documents required by Franchisor and any telephone company at any time, to transfer such service and numbers to Franchisor.
Further, Franchisee shall assign to Franchisor any and all social media accounts and internet listings, domain names, internet advertising, websites, listings with search engines, electronic mail addresses or any other similar listing or usage related to the Franchised Business.
Notwithstanding any forms and documents that may have been executed by Franchisee under Section 11.6, Franchisee shall provide Franchisor with all passwords and administrative rights, and hereby appoints Franchisor its true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking such action as is necessary to complete such assignment.
This power of attorney shall survive the expiration or termination of this Agreement.
Franchisee shall thereafter use different telephone numbers, social media accounts, electronic mail addresses or other listings or usages at or in connection with any subsequent business conducted by Franchisee.
- 18.4.
Survival.
The rights and obligations of the parties contained in this Article 18 shall survive the expiration or sooner termination of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the franchisee must assign all rights to the telephone numbers of the franchised business to Fly Fitness if Fly Fitness chooses. This includes any related public directory listings or other business listings. The franchisee must also complete all necessary forms and documents required by Fly Fitness and any telephone company to transfer the service and numbers to Fly Fitness.
In addition to telephone numbers, the franchisee must also assign any and all social media accounts and internet listings, domain names, internet advertising, websites, listings with search engines, electronic mail addresses, or any other similar listing or usage related to the franchised business to Fly Fitness. The franchisee must provide Fly Fitness with all passwords and administrative rights to these accounts and listings and appoints Fly Fitness as their attorney-in-fact to complete the assignment.
After the assignment, the franchisee is required to use different telephone numbers, social media accounts, and email addresses for any subsequent business they conduct. This obligation survives the expiration or termination of the Franchise Agreement, ensuring Fly Fitness retains control over the business's online presence and contact information. This is a fairly standard practice in franchising, as it protects the brand's identity and customer relationships after a franchise agreement ends.