Under what circumstances does Zoomin Groomin act as the franchisee's attorney-in-fact?
Zoomin_Groomin Franchise · 2025 FDDAnswer 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 Zoomin Groomin's 2025 Franchise Disclosure Document, the franchisee appoints Zoomin Groomin as their attorney-in-fact for the purpose of assigning any listings, which include telephone numbers, listings, advertisements, social media accounts, domains, websites, and directories related to the franchise. This appointment becomes effective upon the expiration, cancellation, or termination of the Franchise Agreement for any reason.
This appointment grants Zoomin Groomin the full power to receive, transfer, or assign the listings to themselves or their designee. They also have the authority to take any actions required of the franchisee under the agreement. This includes the power to execute or complete any documents required by a telephone or other company to transfer such listings.
The power of attorney is effective for two years from the date of expiration, cancellation, or termination of the franchisee's rights under the agreement. The franchisee declares this power of attorney to be irrevocable and waives all rights to revoke it or appoint another person to perform the acts. This power of attorney is not affected by the subsequent incapacity of the franchisee and is created to secure performance of a duty to Zoomin Groomin for consideration. This ensures that Zoomin Groomin can manage and control the brand's online presence and customer contact points even after a franchise agreement ends.