What is the Floors To Go franchisee's responsibility regarding the premises of the Showroom?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
t any failure to comply with such representations, warranties, and covenants shall constitute a material event of default under this Agreement.
9.2. Obligations. You agree that you will (a) maintain high moral and ethical standards of conduct and shall neither engage in, nor allow others to engage in, deceptive, fraudulent, or unethical practices of any kind in connection with the "Floors To Go" name or FTG System, nor suffer, nor allow any part thereof to be used for immoral or illegal purposes or in any illegal manner; (b) provide an efficient, courteous, and high quality service to the public; (c) operate your Showroom continuously and in compliance with this Agreement; (d) promote the FTG System and not provide or participate in any other buying, merchandising, sales or marketing service, group, cooperative, system or franchise for floor covering or window treatment products or accessories which offers products similar to those offered by us while you are a member of the FTG System; (e) take sole responsibility for the performance of all obligations arising out of the operation of your business, including, but not limited to, workers' compensation, real estate, sales, payroll, franchise, income, personal property, and gross receipt taxes levied or assessed by reason of such operation; (f) indicate clearly the independent ownership of your business in all public records, and that the operations of said business are separate and distinct from the operation of Floors To Go, LLC; (g) use all reasonable means to promote and encourage the purchase of Floors To Go products by the public, and use your best efforts to create and maintain goodwill among the public towards the names "Floors To Go" and toward the FTG System; and (h) promptly provide us with written notice of any infringement of, or challenge to, your use of the FTG Marks.
9.3. Confidentiality.
- a. You acknowledge that you are to receive information which we have developed over time at great expense, including but not limited to, our Proprietary Information, trade secrets, operating procedures, and approved suppliers, advertising and marketing materials, specifications, standards and proprietary methods of doing business (collectively the "Confidential Information") and all other material provided by us to you for use with the FTG System, including without limitation, information you receive on our website located at www.ftginfonet.com. You also acknowledge that this information is not generally known in the industry and is beyond your own present skills and experience, and that to develop it independently would be expensive, time-consuming and difficult. You further acknowledge that the Confidential Information provides a competitive advantage and will be valuable in the development of your Showroom, and that gaining access to it is therefore a primary reason why you entered into this Agreement.
- b.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, franchisees are obligated to operate their showrooms continuously and in compliance with the franchise agreement. This means maintaining consistent business operations as per the agreement's terms. Franchisees must also take sole responsibility for all obligations arising from their business's operation. This includes, but isn't limited to, managing workers' compensation, real estate matters, and various taxes such as sales, payroll, franchise, income, personal property, and gross receipt taxes.
Floors To Go franchisees must clearly indicate the independent ownership of their business in all public records, ensuring that it's distinct from Floors To Go, LLC. They are expected to use all reasonable means to promote and encourage the purchase of Floors To Go products, striving to maintain goodwill among the public toward the Floors To Go name and the FTG System. Additionally, franchisees must promptly notify Floors To Go of any infringement or challenges to the use of FTG Marks.
Floors To Go requires franchisees to use the "Floors To Go" name and authorized logos on all display signs, decorations, advertising, carpet, floor covering samples, and other printed and decorative materials used in or on the premises. Franchisees must also include any legends, markings, and notices on all uses of the Marks as reasonably required by Floors To Go, including appropriate copyright and trademark notices. Floors To Go will provide a website maintained by them on the domain www.floorstogo.com for each FTG Showroom.
Floors To Go also reserves the right to require franchisees to use "Floors To Go" in their fictitious trade name and make it a permanent part of their exterior signage. If a franchisee chooses to develop an independent website, it must comply with Floors To Go's trademark, service mark, logo, and advertising requirements, as well as any applicable policies and procedures. This includes obtaining prior written approval for any Internet domain name and home page addresses, as well as for all hyperlinks and other links to appear on the independent website. Upon approval, a hyperlink to the franchisee's independent website will be placed on the website that Floors To Go maintains for the Showroom.