factual

What Indiana statutes are recognized in the Floors To Go Membership Agreement amendment?

Floors_To_Go Franchise · 2025 FDD

Answer from 2025 FDD Document

In recognition of the requirements of the Indiana Franchise Acts, Ind. Code §§ 23-2-2.5 and 23-2-2.7, the parties to the attached Membership Agreement (the "Agreement") agree to amend the Agreement as follows:

    1. Subsection (c) of Section 3.1 of the Agreement shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
    • (c) As a member, you agree that we and our affiliates retain all rights not expressly granted to you under this Agreement (with respect to, among other things, FTG Showrooms, the FTG Marks (as defined in Subsection 4.1(a)), the sale of similar or dissimilar products and services, and any other activities we deem appropriate, whenever and wherever we desire), including, but not limited to, the right in our sole discretion:
        1. to operate, and to grant others the right to operate, FTG Showrooms located anywhere outside Your Territory;
        1. to develop, use, and license the rights to any tradenames, trademarks, service marks, trade symbols, emblems, signs, slogans, insignia, or copyrights that we have not licensed to you under this Agreement;
        1. to freely and unconditionally do business, or authorize others to do business, under the FTG Marks, through alternative marketing plans or systems, alternative distribution methods or procedures, and different business formats, at any locations inside or outside Your Territory;
        1. to establish, own and operate, or grant others the right to establish, own and operate, businesses offering dissimilar products and services, at any locations inside and outside Your Territory, under the FTG Marks;
        1. to establish, own and operate, or grant others the right to establish, own and operate, similar businesses or any other businesses offering similar or dissimilar products and services, through similar or dissimilar channels of distribution (including the Internet and similar electronic media), at any locations inside or outside Your Territory, under trademarks or service marks other than the FTG Marks;
        1. to acquire the assets or ownership interests of one or more businesses providing products and services similar to those provided at FTG Showrooms, and franchising, licensing or creating similar arrangements with respect to these businesses once acquired, wherever these businesses (or the franchisees or licensees of these businesses) are located or operating;

Source: Item 23 — RECEIPTS (FDD pages 47–204)

What This Means (2025 FDD)

According to the 2025 Floors To Go Franchise Disclosure Document, the Indiana Amendment to the Membership Agreement recognizes the requirements of the Indiana Franchise Acts, specifically Ind. Code §§ 23-2-2.5 and 23-2-2.7. This recognition means that Floors To Go acknowledges and intends to comply with these Indiana statutes when enforcing the Membership Agreement within the state.

For a prospective Floors To Go franchisee in Indiana, this acknowledgement is important because it indicates that the franchise agreement is subject to specific state laws designed to protect franchisees. These laws may provide certain rights and remedies to the franchisee that are not available in other states.

Specifically, Ind. Code §§ 23-2-2.5 and 23-2-2.7 likely address aspects such as franchise registration, disclosure requirements, and prohibitions against unfair or deceptive practices by the franchisor. The Indiana Amendment modifies specific sections of the standard Membership Agreement to ensure compliance with these statutes. One example is the deletion of subsection (c) of Section 3.1 of the Agreement and replacing it with a new subsection that outlines the rights retained by Floors To Go and its affiliates.

It is important for potential Floors To Go franchisees in Indiana to carefully review the Indiana Amendment in conjunction with the main Membership Agreement to fully understand their rights and obligations under Indiana law. Consulting with an attorney experienced in franchise law is advisable to ensure a complete understanding of the legal implications.

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.