What articles and sections of the Floyds 99 Franchise Agreement and Development Agreement address trademarks and proprietary information?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
Provide you with design plans and specifications for your site and our standards and specifications for the leasehold improvements, signs, color, decor, products, inventory, equipment, POS system, computer hardware and software and displays.
We must approve your construction plans and specifications before construction begins.
You are responsible for the cost of plans prepared by an approved contractor and by your local architect, for any second review of your construction plans by us, if necessary, and for the cost of construction. (Sections 5.3, 5.4, 5.5, 5.6, 5.7 and 7.1(c) of the Franchise Agreement)
Provide you with information regarding the selection of suppliers of equipment, items and materials used, and hair care products and merchandise offered for sale, in connection with your Barbershop.
We will make available to you a list of designated and approved suppliers of such equipment, items, materials, products and merchandise and, if available, a description of any regional or central purchase and supply agreements offered by such approved suppliers for the benefit of our franchisees. (Sections 7.1(d) and 14.5 of the Franchise Agreement)
Before the Barbershop's opening, we furnish an initial training program described below in this Item. (Sections 6.1, 6.2 and 7.1(a) of the Franchise Agreement and Section 6.1 of the Development Agreement)
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- Give you access to an electronic copy of our confidential and proprietary Operations Manual, covering the specifications, standards and operating procedures that we require in a FLOYD'S 99 Shop and information about your obligations in this regard. (Section 8.1 of the Franchise Agreement)
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 29–30)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, Item 14 and sections 5.3, 5.4, 5.5, 5.6, 5.7, 7.1(c), 7.1(d), 8.1, and 14.5 of the Franchise Agreement, along with section 6.1 of the Development Agreement, address trademarks and proprietary information. Specifically, Item 14 discusses Floyds 99's copyright registration for its services price list, which is protected until May 1, 2099. It also mentions the copyright claimed in the design of the poster wall and other aspects of the trade dress, though no other copyright registrations or patents are owned that are material to the franchise. The Operations Manual, related materials, and any future software developments are considered proprietary and confidential.
Sections 5.3, 5.4, 5.5, 5.6, 5.7, and 7.1(c) of the Franchise Agreement, as referenced in Item 11, relate to design plans, specifications, and construction requirements, which often involve the use of trademarks and proprietary designs. Section 7.1(d) and 14.5 pertain to the selection of suppliers for equipment, materials, and products, ensuring that franchisees use approved suppliers that meet Floyds 99's standards. Section 8.1 concerns the Operations Manual, which contains confidential and proprietary information critical to the operation of a Floyds 99 franchise. Section 6.1 of the Development Agreement, also referenced in Item 11, likely covers initial training programs where franchisees learn about the proper use of trademarks and proprietary methods.
For a prospective franchisee, this means that the use of Floyds 99's trademarks, operational methods, and designs is strictly controlled and protected. Franchisees must adhere to the guidelines set forth in the Franchise Agreement, Operations Manual, and other related documents to maintain the integrity of the brand and protect its proprietary information. Failure to comply with these regulations could result in a breach of contract and potential legal consequences. Therefore, it is crucial for franchisees to understand and respect the importance of these provisions.