Are Floors To Go members' rights under the agreement considered personal?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
- b.
You shall not in any way challenge or contest the validity of the Marks or any of our rights under this Agreement, nor shall you willingly become an adverse party to litigation in which others shall so contest the Marks or our rights.
In addition, you shall not in any way seek to avoid or reduce your obligations hereunder because of the assertion or allegation by any person(s) that the Marks or any of them are invalid or by reason of any contest or claim concerning our rights.
You further agree not to contest that your rights under this Agreement are solely those of a franchisee and that such rights end upon the termination or expiration of the Agreement as provided herein.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
Based on the 2025 Floors To Go Franchise Disclosure Document, the agreement specifies that a franchisee's rights are solely those of a franchisee and end upon termination or expiration of the agreement. Specifically, the franchisee agrees not to contest that their rights under the agreement are solely those of a franchisee. This means that the rights granted to a Floors To Go franchisee are directly tied to the franchise agreement itself.
This clause has significant implications for a prospective Floors To Go franchisee. It clarifies that the franchisee's rights are not considered personal rights that extend beyond the term of the agreement. Upon termination or expiration, all rights associated with operating a Floors To Go franchise cease, as outlined in the agreement.
This is a standard practice in franchising, where the rights to use trademarks, systems, and operational methods are granted under a contractual agreement. The franchisee cannot claim any enduring personal rights to the Floors To Go system or brand after the agreement concludes. This provision protects the integrity and uniformity of the Floors To Go brand and network.