How will instruments executed by Punch King Fitness, Inc. (Assignee) on behalf of the Punch King Fitness franchisee be deemed?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
The undersigned Punch King Fitness franchisee (Assignor) does hereby irrevocably constitute and appoint Punch King Fitness, Inc., a California Corporation (Assignee), the true and lawful attorney-in-fact and agent for Assignor and in Assignor's name, place and stead, to do or cause to be done all things and to sign, execute, acknowledge, certify, deliver, accept, record and file all such agreements, certificates, instruments and documents as, in the sole discretion of Assignee, may be necessary or advisable for the sole purpose of assigning to Assignee or Assignee's designee all of Assignor's right, title and interest in and to any and all telephone numbers of Assignor's Punch King Fitness Franchised Business and all related Yellow Pages, White Pages and other business listings, including but not limited to, the execution and delivery of any Transfer of Service Agreement and any other transfer documentation required by the applicable telephone service company providing telephone services for Assignor, hereby granting unto Assignee full power and authority to do and perform any and all acts and things which, in the sole discretion of Assignee, are necessary or advisable to be done as fully to all intents and purposes as Assignor might or could itself do, hereby ratifying and confirming all that Assignee may lawfully do or cause to be done by virtue of this Power of Attorney and the powers herein granted.
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, when Punch King Fitness, Inc., acting as the Assignee, executes instruments on behalf of a Punch King Fitness franchisee (the Assignor) concerning the assignment of telephone numbers, such actions are formalized through a Power of Attorney. This legal document empowers Punch King Fitness, Inc. to act as the franchisee's attorney-in-fact and agent. This delegation allows Punch King Fitness, Inc. to manage all necessary tasks, including signing, executing, and filing documents, to transfer the franchisee's rights and interests in their business telephone numbers and related listings to Punch King Fitness, Inc. or its designee.
The Power of Attorney grants Punch King Fitness, Inc. the authority to take actions deemed necessary for the telephone number assignment. This includes executing Transfer of Service Agreements and other required documentation with the telephone service company. The franchisee, by signing the Power of Attorney, confirms and ratifies all actions taken by Punch King Fitness, Inc. under this agreement. This ensures that Punch King Fitness, Inc. has the legal means to manage and control the telephone numbers associated with the Punch King Fitness franchise, which is likely intended to maintain brand consistency and control over customer communications.
For a prospective Punch King Fitness franchisee, this means they are giving Punch King Fitness, Inc. significant control over their business's telephone numbers and listings. This control is intended to ensure uniformity and manage the brand's presence in directories and with telephone service providers. While this arrangement centralizes control with the franchisor, franchisees should understand the implications of relinquishing control over these communication channels and how it might affect their local marketing efforts and customer relationships. Franchisees should seek clarification from Punch King Fitness regarding the specific reasons for this requirement and how it benefits both the franchisor and the franchisee.