Upon termination or expiration of the Hydrodog Franchise Agreement, who has the right and authority to ownership of the Numbers and Listings?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
this Agreement, you agree that after the effective date of expiration of this Agreement or the Notification Date (whichever is applicable), you will promptly and at your own expense make such alterations we specify to distinguish your HydroDog Business clearly from its former appearance and from other the HydroDog Businesses so as to prevent confusion by the public;
- (e) if we do not have or do not exercise an option to purchase your HydroDog Business pursuant to this Agreement you agree that after the effective date of expiration of this Agreement or the Notification Date (whichever is applicable), you will notify the telephone company and all telephone directory publishers of the termination or expiration of your right to use any telephone, telecopy or other numbers and any regular, classified or other telephone directory listings associated with any Mark, authorize the transfer of such numbers and directory listings to us or at our direction and/or instruct the telephone company to forward all calls made to your telephone numbers to numbers we specify;
- (f) you agree to furnish us, within 30 days after the effective date of expiration of this Agreement or the Notification Date (whichever is applicable), with evidence satisfactory to us of your compliance with the foregoing obligations;
- (g) you, upon notice from us, automatically transfer to us or our designee ownership and right of possession of the HydroDog Vehicle; and
- (h) you agree that our trailer shape and design embodies our Marks and is integral to our Goodwill, and you will completely de-identify the shape, size and color of the HydroDog Vehicle, to our sole satisfaction and at your own expense, which may, at our option, require you to remove its outer shell, or build a different shaped shell around the shell.
- 17.3 Confidential Information. You agree that, upon termination or expiration of this Agreement, you will immediately cease to use any of our Confidential Information in any business or otherwise and return to us all copies of the Manuals and any other confidential materials that we have loaned to you.
- 17.4 Competitive Restrictions.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to the 2025 Hydrodog Franchise Disclosure Document, Hydrodog retains the right to control the telephone numbers and listings associated with the business upon termination or expiration of the franchise agreement. Specifically, if the option to purchase the Hydrodog business is not exercised, the franchisee is obligated to notify the telephone company and directory publishers about the termination or expiration of their right to use any phone numbers or listings associated with Hydrodog's marks. The franchisee must also authorize the transfer of such numbers and directory listings to Hydrodog or its designee and instruct the phone company to forward calls as specified by Hydrodog.
To ensure compliance, the franchisee must provide Hydrodog with satisfactory evidence of their adherence to these obligations within 30 days after the agreement's expiration or the Notification Date. Should the franchisee fail to promptly direct the telephone company to transfer the Numbers and Listings, Hydrodog reserves the right to directly instruct the telephone company to effectuate the assignment. The telephone company may accept Hydrodog's written direction, the Franchise Agreement, or the Assignment as conclusive proof of Hydrodog's exclusive rights to the Numbers and Listings upon termination or expiration.
This assignment becomes immediately effective upon the telephone company's receipt of notice from either the franchisee or Hydrodog. If the telephone company requires signatures on assignment forms, Hydrodog's signature on behalf of the franchisee will serve as the franchisee's consent and agreement to the assignment. Both parties agree to perform necessary acts and deliver documents to assist in the assignment upon termination or expiration of the Franchise Agreement. The power of attorney conferred upon Hydrodog is coupled with an interest and cannot be revoked without Hydrodog's consent.
This provision ensures that Hydrodog maintains control over its brand identity and customer communications even after a franchise agreement ends. It prevents former franchisees from potentially diverting customers or misrepresenting their affiliation with Hydrodog. The franchisee also agrees to indemnify Hydrodog against any losses or liabilities arising from breaches related to telephone company agreements or non-payment of debts to the telephone company.