What power does Fly To Fit Franchise receive as attorney-in-fact?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
iration of Franchisee's right to use any numbers, addresses, domain names, locators, directories and listings associated with any of the Marks, and authorize their transfer to Fly To Fit Franchise or any new franchisee as may be directed by Fly To Fit Franchise, and Franchisee hereby irrevocably
- appoints Fly To Fit Franchise, with full power of substitution, as its true and lawful attorney-in-fact, which appointment is coupled with an interest; to execute such directions and authorizations as may be necessary or appropriate to accomplish the foregoing; and
- (iv) cease doing business under any of the Marks.
- 14.4 Remove Identification. Within 30 days after termination or expiration, Franchisee shall at its own expense "de-identify" the Location so that it no longer contains the Marks, signage, or any trade dress of a Fly To Fit business, to the reasonable satisfaction of Fly To Fit Franchise. Franchisee shall comply with any reasonable instructions and procedures of Fly To Fit Franchise for de-identification.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the franchisee appoints Fly To Fit Franchise as their attorney-in-fact with full power of substitution. This appointment is connected to an interest, allowing Fly To Fit to execute directions and authorizations necessary to accomplish specific actions related to the franchise agreement.
One specific instance where this power as attorney-in-fact comes into play is in the event of termination or expiration of the franchise agreement. If a franchisee fails to "de-identify" their location by removing Fly To Fit's marks and trade dress within 30 days of termination or expiration, Fly To Fit has the right to enter the location and remove these items themselves.
In such a case, Fly To Fit will not be considered a trespasser and will not be held accountable for any assets removed or altered, or for any damages caused during the de-identification process. This clause ensures that Fly To Fit can protect its brand and trademarks even if a franchisee is uncooperative after the agreement ends. This is a fairly common clause in franchise agreements, giving the franchisor the ability to protect their brand identity and standards.