factual

What is the stated purpose for creating the power of attorney in the Zoomin Groomin franchise agreement?

Zoomin_Groomin Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisor may require Franchisee to "port" or transfer to Franchisor or an approved call routing and tracking vendor all Listings.

Appointment as Attorney in Fact.

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, a franchisee is required to appoint Zoomin Groomin USA LLC as their attorney-in-fact. This appointment becomes effective upon the expiration or termination of the Franchise Agreement. The purpose of this power of attorney is to allow Zoomin Groomin to manage the franchisee's listings, which include telephone numbers, advertisements, social media accounts, domains, websites, and directories, related to the franchise.

This appointment grants Zoomin Groomin the authority to receive, transfer, or assign these listings to themselves or their designee. It also allows them to take any actions required of the franchisee under the agreement. Zoomin Groomin is given full power to execute or complete any documents required by telephone or other companies to transfer such listings. This power of attorney is valid for two years from the date of expiration, cancellation, or termination of the franchisee's rights under the agreement.

The power of attorney is irrevocable, meaning the franchisee cannot revoke it or appoint another person to perform these actions. It remains in effect even if the franchisee becomes incapacitated. This power is established to ensure the franchisee fulfills their duty to Zoomin Groomin and is supported by consideration. This ensures that upon termination or expiration of the franchise agreement, Zoomin Groomin can maintain control over the marketing and contact channels associated with the Zoomin Groomin brand in the specific territory.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.