conditional

Under what conditions must a Hydrodog franchisee notify and instruct the Telephone Company to effectuate the assignment?

Hydrodog Franchise · 2025 FDD

Answer from 2025 FDD Document

Notwithstanding anything else in the Assignment, however, you will immediately notify and instruct the Telephone Company to effectuate the assignment described in this Assignment to us when, and only when: (i) the Franchise Agreement is terminated or expires; and (ii) we instruct you to so notify the Telephone Company.

Source: Item 23 — RECEIPTS (FDD pages 43–166)

What This Means (2025 FDD)

According to Hydrodog's 2025 Franchise Disclosure Document, a franchisee must notify and instruct the Telephone Company to effectuate the assignment of telephone numbers and listings under specific conditions. This action is required only when two conditions are met: first, the Franchise Agreement must be terminated or expired; and second, Hydrodog must instruct the franchisee to notify the Telephone Company. This notification ensures that Hydrodog can maintain control over the telephone numbers and listings associated with the Hydrodog business after the franchise agreement ends.

This conditional assignment is further clarified in the document, stating that the franchisee assigns all rights to telephone numbers and directory listings associated with the Hydrodog Marks to the franchisor. However, Hydrodog bears no liability or obligation related to this assignment unless they specifically notify the Telephone Company to effectuate the transfer. Upon the termination or expiration of the franchise agreement, Hydrodog gains the right and authority to ownership of the Numbers and Listings, while the franchisee loses all rights to them but remains responsible for any outstanding fees owed to the Telephone Company up to the date the assignment takes effect.

Hydrodog is also appointed as the franchisee's attorney-in-fact to direct the Telephone Company to complete the assignment and sign necessary documents. If the franchisee fails to promptly direct the Telephone Company, Hydrodog can directly instruct the Telephone Company to make the assignment. The Telephone Company may accept Hydrodog's written direction, the Franchise Agreement, or the Assignment as proof of Hydrodog's exclusive rights. This assignment becomes effective immediately upon the Telephone Company's receipt of notice from either the franchisee or Hydrodog. This arrangement ensures a smooth transition of telephone numbers and listings back to Hydrodog, protecting their brand and customer access.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.