Besides the business conducted pursuant to the Franchise Agreements, in what other circumstances can a Floyds 99 Developer use any Mark?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
tiations, and other development-related matters within its designated Development Area. For purposes of clarification, the "additional assistance" described in this Section is assistance that Developer requests which is not otherwise part of the initial training program. Should Franchisor opt to provide such additional assistance, Developer acknowledges that Franchisor may incur expenses such as travel, lodging, living expenses, telephone charges and other identifiable costs. Franchisor reserves the right to charge Developer for incurred expenses, along with a fee based on hourly time spent by Franchisor's employees in providing such additional assistance. This fee will be assessed in accordance with the prevailing daily or hourly rates set by Franchisor for assistance.
7. MARKS
7.1 Marks. Notwithstanding any provision to the contrary under this Agreement, this Agreement does not grant Developer any right to use the Marks. The right to use the Marks may only be granted by the terms of a Franchise Agreement. Developer acknowledges and agrees that, until a Franchise Agreement has been entered into for a specific Barbershop, Developer will not have, nor be entitled to receive, any of the rights, powers and privileges granted by the Franchise Agreement, including, without limitation, the right to use the Marks. Developer may not use any Mark as part of any corporate or trade name or as Developer's primary business name or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified forms. Developer may not use any Mark in connection with any business or activity other than the business conducted by Developer pursuant to the Franchise Agreements nor in any other manner not explicitly authorized in writing by Franchisor.
8. TRANSFER
8.1 Transfer by Developer. The rights and duties created by this Agreement are personal to Developer and, except as stated below, Franchisor shall not allow or permit any transfer, assignment, or conveyance of this Agreement or any interest hereunder.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 FDD, a developer's right to use the Marks (service mark "FLOYD'S 99" and related service marks, trade names and trademarks) is explicitly limited. The Development Agreement does not grant any right to use the Marks; this right is only granted by the terms of a Franchise Agreement.
Specifically, a Floyds 99 Developer cannot use any Mark as part of any corporate or trade name, as their primary business name, or with any modifications unless explicitly authorized in writing by Floyds 99. This restriction extends to any business or activity outside of what is conducted under the Franchise Agreements.
Upon termination or expiration of the Development Agreement, the developer must immediately and permanently cease using the Marks and Confidential Information, except in connection with Barbershops they are then operating under effective Franchise Agreements or for which a Franchise Agreement has been signed before the termination/expiration date. This includes ceasing all advertising using the Marks or anything similar to them. This ensures that the developer does not continue to benefit from the Floyds 99 brand and system after the agreement ends, except for already-franchised locations.