Is the power of attorney granted by the Petro Stopping Center franchisee revocable?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- **10.
Power of Attorney**: The Franchisee does hereby appoint irrevocably the Franchisor as its true and lawful attorney-in-fact in its name and stead and hereby authorizes it, upon any default under the Lease or under the Franchise Agreement, with or without taking possession of the Site, to rent, lease, manage and operate the Site to any Person, firm or corporation upon such terms and conditions in its discretion as it may determine, and with the same rights and powers and immunities, exoneration of liability and rights of recourse and indemnity as the Franchisor would have upon taking possession of the Site pursuant to the provisions set forth in the Lease.
The power of attorney conferred upon the Franchisor pursuant to this Assignment is a power coupled with an interest and cannot be revoked, modified or altered without the written consent of the Franchisor.
Source: Item 4 — Other Owners: (FDD pages 228–302)
What This Means (2025 FDD)
According to the 2025 Petro Stopping Center Franchise Disclosure Document, the power of attorney granted by the franchisee to Petro Stopping Center is irrevocable. Specifically, the franchisee appoints Petro Stopping Center as their attorney-in-fact, authorizing them to manage and operate the site in the event of a default under the lease or franchise agreement.
This power of attorney allows Petro Stopping Center to rent, lease, manage, and operate the site to any person or entity on terms they deem appropriate, with the same rights and powers the franchisor would have if they took possession of the site. This includes the ability to cure defaults.
The document explicitly states that this power of attorney is coupled with an interest and cannot be revoked, modified, or altered without Petro Stopping Center's written consent. This provision provides Petro Stopping Center with significant control over the franchise location in the event of a default, ensuring they can protect their investment and brand standards. This is not uncommon in franchise agreements, as franchisors often need to maintain control over operations to protect the brand and ensure consistency across all locations.