Does Mr. Sandless have a security interest in the personal property of the franchisee?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for an Mr. Sandless 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 Mr. Sandless brand.
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions
All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. Internet Advertising and Telephone Accounts
2.1 Interest in Websites, Social Media, and Software Accounts and Other Electronic Listings. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, software accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet websites, and the right to hyperlink to certain websites and listings on various internet search engines (collectively, "Electronic Advertising") related to the Franchised Business or the Marks.
2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the "Telephone Listings") related to the Franchised Business or the Marks.
2.3 Transfer.
On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately:
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
Based on the 2025 Mr. Sandless Franchise Disclosure Document, the franchisor requires franchisees to transfer interests in websites, social media, software accounts, and telephone listings upon termination of the franchise agreement.
Specifically, Mr. Sandless franchisees may acquire rights to domain names, social media accounts, software accounts, and website URLs related to their franchised business. They also acquire rights to telephone numbers and directory listings. Upon termination of the franchise agreement, the franchisee must immediately transfer these electronic advertising and telephone listings to Mr. Sandless.
This transfer ensures that Mr. Sandless maintains control over its brand's online presence and customer communication channels, even after a franchise agreement ends. This requirement could impact a franchisee's ability to independently market similar services after leaving the Mr. Sandless system, as they would lose access to the online and telephone assets they built during their franchise term.