Under what circumstances related to Floors To Go Marks can the agreement be terminated?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
We shall protect and maintain all rights to the name and mark "Floors To Go" and all related names, marks, or logos against encroachment, misuse, or unauthorized use and against challenges to any rights of your use, as we shall determine in our sole discretion.
With respect to any use of the name and mark "Floors To Go" by you under this Agreement, you agree to give such reasonable assistance which we may require in order to defend or protect all rights to said name and mark.
In the event that you become aware of any infringement of said name or mark, you shall promptly report such infringement to us, and we shall have the sole discretion to take such action as we deem advisable, at our sole expense.
- 4.12.
Indemnification.
We shall indemnify you against any claims for infringement arising out of your use of the FTG Marks as authorized herein.
You shall indemnify us against all claims arising from your improper or unauthorized use of the FTG Marks.
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 can be terminated if a franchisee improperly or without authorization uses the FTG Marks. Floors To Go retains the right to protect and maintain its rights to the Floors To Go name and mark, including related names, logos, and marks, against any misuse, encroachment, unauthorized use, or challenges to the franchisee's rights of use. This determination is at the sole discretion of Floors To Go.
If a franchisee becomes aware of any infringement of the Floors To Go name or mark, they must promptly report it to Floors To Go. Floors To Go then has the sole discretion to take any action it deems advisable, at its own expense.
Furthermore, the franchisee is obligated to provide reasonable assistance to Floors To Go in defending or protecting all rights to the Floors To Go name and mark when requested. Conversely, Floors To Go will indemnify the franchisee against claims for infringement arising out of their authorized use of the FTG Marks. However, the franchisee is responsible for indemnifying Floors To Go against claims resulting from their improper or unauthorized use of the FTG Marks.