Is the power of attorney granted to Zoomin Groomin by the franchisee considered revocable or irrevocable?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
For value received, Franchisee hereby irrevocably appoints Franchisor as Franchisee's attorney-in-fact, to act in Franchisee's place, for the purpose of assigning any Listings. This appointment gives to us full power to receive, transfer or assign to us or our designee or take any other actions required of Franchisee under the Agreement. Franchisee grants Franchisor full authority to act in any manner proper or necessary to the exercise of the foregoing powers, including full power of substitution and execution or completion of any documents required or requested by any telephone or other company to transfer such Listings and Franchisee ratifies every act that Franchisor may lawfully perform in exercising those powers. This power of attorney shall be effective for a period of two (2) years from the date of expiration, cancellation or termination of Franchisee's rights under the Agreement for any reason. Franchisee declares this power of attorney to be irrevocable and renounces all rights to revoke it or to appoint another person to perform the acts referred to in this instrument. This power of attorney shall not be affected by the subsequent incapacity of Franchisee. This power is created to secure performance of a duty to Franchisor and is for consideration.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, the power of attorney granted by the franchisee to Zoomin Groomin is irrevocable. Specifically, the franchisee appoints Zoomin Groomin as their attorney-in-fact for the purpose of assigning any listings related to the franchise. This appointment grants Zoomin Groomin full power to receive, transfer, or assign these listings to themselves or their designee, as well as to take any other actions required of the franchisee under the agreement.
This power of attorney is effective for two years following the expiration, cancellation, or termination of the franchisee's rights under the agreement. The franchisee explicitly declares the power of attorney to be irrevocable and waives all rights to revoke it or appoint another person to perform the specified acts. Furthermore, the power of attorney remains in effect even if the franchisee becomes incapacitated.
This arrangement ensures that Zoomin Groomin can manage and control the listings associated with the franchise, even after the franchise agreement ends. This is designed to protect Zoomin Groomin's interests and ensure a smooth transition of the listings. The franchisee should understand that this is a significant commitment, as they relinquish control over these assets for the specified period, regardless of their circumstances.