What specific actions are Mr. Sandless franchisees required to take to transfer Electronic Advertising to the franchisor?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.3 Transfer.
On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately:
- 2.3.1 direct all internet service providers, domain name registries, internet search engines, social media and software companies, and other listing agencies (collectively, the "Internet Companies") with which Franchisee has Electronic Advertising and Telephone Listings: (i) to transfer all of Franchisee's interest in such Electronic Advertising and Telephone Listings to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer.
In the event Franchisor does not desire to accept any or all such Electronic Advertising and Telephone Listings, Franchisee will immediately direct the Internet Companies to terminate such Electronic Advertising and Telephone Listings or will take such other actions with respect to the Electronic Advertising and Telephone Listings as Franchisor directs; and
- 2.3.1 direct all telephone companies, telephone directory publishers, and telephone directory listing agencies (collectively, the "Telephone Companies") with which Franchisee has Telephone Listings: (i) to transfer all Franchisee's interest in such Telephone Listings to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer.
In the event Franchisor does not desire to accept any or all such Telephone Listings, Franchisee will immediately direct the Telephone Companies to terminate such Telephone Listings or will take such other actions with respect to the Telephone Listings as Franchisor directs.
- 2.4 Appointment; Power of Attorney.
Franchisee hereby constitutes and appoints Franchisor and any officer or agent of Franchisor, for Franchisor's benefit under the Franchise Agreement and this Agreement or otherwise, with full power of substitution, as Franchisee's true and lawful attorney-in-fact with full power and authority in Franchisee's place and stead, and in Franchisee's name or the name of any affiliated person or affiliated company of Franchisee, to take any and all appropriate action and to execute and deliver any and all documents that may be necessary or desirable to accomplish the purposes of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, franchisees are required to take specific actions regarding their electronic advertising and telephone listings upon termination of the Franchise Agreement or at the franchisor's periodic request. These actions ensure that Mr. Sandless maintains control over its brand and online presence.
Specifically, the franchisee must immediately direct all internet service providers, domain name registries, internet search engines, social media and software companies, and other listing agencies with which the franchisee has electronic advertising and telephone listings to transfer all of the franchisee's interest in such electronic advertising and telephone listings to Mr. Sandless. The franchisee must also execute all necessary documents and actions to complete this transfer. If Mr. Sandless does not want to accept all or any of the electronic advertising and telephone listings, the franchisee must immediately direct the internet companies to terminate such advertising and listings or take other actions as directed by Mr. Sandless.
Similarly, the franchisee must direct all telephone companies, telephone directory publishers, and telephone directory listing agencies with which the franchisee has telephone listings to transfer all of the franchisee's interest in such telephone listings to Mr. Sandless and execute all necessary documents and actions to complete the transfer. If Mr. Sandless does not want to accept all or any of the telephone listings, the franchisee must immediately direct the telephone companies to terminate such listings or take other actions as directed by Mr. Sandless. To further ensure compliance, the franchisee appoints Mr. Sandless as their attorney-in-fact, granting them the authority to take any action and execute any documents necessary to fulfill the agreement's purposes.