Under what conditions will the Franchisee immediately notify and instruct the Telephone Company to effectuate the assignment of Numbers and Listings to the Franchisor for a Management Recruiters franchise?
Management_Recruiters Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee hereby irrevocably appoints the Franchisor as Franchisee's true and lawful attorney-in-fact to: (a) direct the Telephone Company to effectuate the assignment of the Numbers and Listings to Franchisor; and (b) sign on Franchisee's behalf such documents and take such actions as may be necessary to effectuate the assignment. Notwithstanding anything herein to the contrary, Franchisee will immediately notify and instruct the Telephone Company to effectuate the assignment described in this Assignment to Franchisor when, and only when: (i) the Franchise Agreement is terminated or expires; and (ii) Franchisor instructs Franchisee to so notify the Telephone Company. If Franchisee fails to promptly direct the Telephone Company to effectuate the assignment of the Numbers and Listings to Franchisor, Franchisor will direct the Telephone Company to do so. The Telephone Company may accept Franchisor's written direction, the Franchise Agreement or this Assignment as conclusive proof of its exclusive rights in and to the Numbers and Listings upon such termination or expiration. The assignment will become immediately and automatically effective upon the Telephone Company's receipt of such notice from Franchisee or Franchisor. If the Telephone Company requires that Franchisee and/or Franchisor sign the Telephone Company's assignment forms or other documentation at the time of termination or expiration of the Franchise Agreement, Franchisor's signature of such forms or documentation on
Franchisee's behalf will effectuate the consent and agreement of Franchisee to the assignment. At any time, the parties hereto will perform such acts and sign and deliver such documents as may be necessary to assist in or accomplish the assignment described herein upon termination or expiration of the Franchise Agreement. The power of attorney conferred upon us pursuant to the provisions set forth in this Assignment is a power coupled with an interest and cannot be revoked, modified or altered without Franchisor's prior written consent.
Source: Item 23 — RECEIPTS (FDD pages 67–327)
What This Means (2024 FDD)
According to Management Recruiters' 2024 Franchise Disclosure Document, a franchisee must immediately notify and instruct the Telephone Company to assign telephone numbers and listings to Management Recruiters under specific conditions. This action is required only when the Franchise Agreement is either terminated or has expired. Furthermore, the franchisee is obligated to notify the Telephone Company only when Management Recruiters instructs them to do so.
If the franchisee fails to promptly direct the Telephone Company as instructed, Management Recruiters reserves the right to directly instruct the Telephone Company to effectuate the assignment. The Telephone Company may accept written direction from Management Recruiters, the Franchise Agreement, or the Collateral Assignment as conclusive proof of Management Recruiters' exclusive rights to the numbers and listings upon termination or expiration of the agreement. The assignment becomes effective immediately upon the Telephone Company's receipt of notice from either the franchisee or Management Recruiters.
Additionally, if the Telephone Company requires specific assignment forms or documentation to be signed at the time of termination or expiration, Management Recruiters is authorized to sign these documents on behalf of the franchisee. This ensures the franchisee's consent and agreement to the assignment. Both parties agree to perform all necessary actions and deliver required documents to facilitate the assignment upon termination or expiration of the Franchise Agreement. The power of attorney granted to Management Recruiters for this purpose is coupled with an interest and cannot be revoked, modified, or altered without Management Recruiters' prior written consent, ensuring Management Recruiters can secure the phone numbers and listings effectively.