What is Hyper Kidz's definition of 'Telephone Listings' in the context of the franchise agreement?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Hyperkidz business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, software accounts and use telephone listings linked to the Hyperkidz brand.
Upon the expiration or termination of this Agreement, Franchisor may exercise its authority, pursuant to such documents, to obtain any and all of Franchisee's rights to the telephone numbers of the Franchised Business and all related telephone directory listings and other business listings, and all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses, social media, or any other similar listing or usages related to the Franchised Business;
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
Based on the 2024 Hyper Kidz Franchise Disclosure Document, the franchise agreement allows franchisees to use telephone listings linked to the Hyper Kidz brand. Upon termination or expiration of the agreement, Hyper Kidz retains the right to obtain the franchisee's rights to the telephone numbers and related telephone directory listings of the franchised business. This includes all business listings.
Hyper Kidz also has the authority to obtain all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses, social media, or any other similar listing or usages related to the Franchised Business. This ensures that upon termination, the brand maintains control over its online presence and customer communication channels.
This provision is important for prospective franchisees to consider, as it clarifies that the phone numbers and listings associated with the Hyper Kidz business become the property of the franchisor upon termination or expiration of the franchise agreement. Franchisees should ensure they understand the implications of this clause and how it might affect their business if they decide to leave the Hyper Kidz system.