RIDER TO THE FLOYD'S 99 FRANCHISING, LLC FRANCHISE AGREEMENT FOR THE STATE OF MINNESOTA

This Rider to the Franchise Agreement by and between Floyd's 99 Franchising, LLC and Franchisee is dated, 20

1. The following paragraph is added to Section 15.4 of the Franchise Agreement:

The Franchisor agrees to protect the Franchisee against claims of infringement or unfair competition with respect to the Franchisee's authorized use of the Marks when, in the opinion of counsel to the Franchisor, the Franchisee's rights granted therein warrant protection.

1. The following sentence is added at the end of Sections 18.2.f. and 19.3.d:

Any release executed in connection herewith will not apply to any claims that may arise under the Minnesota Franchise Act.

1. The following statement is added at the end of Sections 19.4, 20.1, 20.2 and 20.6:

Minnesota law provides the Franchisee with certain termination and non-renewal rights. Minn. Stat. Sec. 80C.14 Subd. 3, 4 and 5 require, except in certain specified cases, that the Franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of this Agreement.

1. The last sentence of Section 24.4 is deleted, with the following statement inserted in its place:

Minnesota Statutes, Section 80C.21 and Minnesota Rule 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring wavier of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.

1. Section 24.5 is deleted, and the following is inserted in its place:

Source: Item 23 — RECEIPT (FDD pages 58–229)