What constitutes the 'Program' that Floyds 99 franchisees are licensed to use?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- b.
Except with the prior written consent of the Franchisor, the Program shall not be: (i) operated by persons other than the Franchisee and employees of the Franchisee; (ii) operated on more than one computer at a time; (iii) operated on equipment other than the Designated Equipment; or (iv) operated at locations other than the Franchised Location.
- c.
The Program shall be used only to perform information processing in the Franchisee's operation of the FLOYD'S 99 Shop and shall not be used to perform information processing for any other person, entity or business.
- d.
The Franchisee shall not, and shall not allow its employees or agents to: (i) sell, assign, lease, license, market or commercially exploit, in any way, the Program, any component thereof or any data generated by the use of the Program; (ii) disclose or grant access to the Program, any component thereof or any data generated by the use of the Program, to any third party other than one whom the Franchisor has approved in writing and who has agreed in writing with the Franchisor to keep the Program confidential; or (iii) copy or reproduce the Program, any component thereof or any data generated by the use of the Program, in any manner, except for one copy of the Program for normal back-up and operations thereof; provided nothing contained herein shall prohibit the Franchisee from using the data generated by the Program to the extent reasonably necessary to comply with local, state and federal law and for usual and customary business purposes.
- e.
The Franchisee shall keep the Program and any data generated by the use of the Program confidential during and after the term hereof, and shall establish and maintain such security precautions as are prescribed by the Franchisor from time to time to maintain the secrecy of the Program and any data generated by the use of the Program, and to prevent the unauthorized access to or use, disclosure or copying of the Program or any data generated by the use of the Program.
The Franchisee shall cause each of its employees who has access to the Program to execute a written confidentiality agreement in a form prescribed or approved in writing by the Franchisor.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, the 'Program' that franchisees use is subject to several restrictions. It can only be operated by the franchisee and their employees, and only on one computer at a time using designated equipment at the franchised location.
The Program is specifically for information processing related to the Floyds 99 shop's operation and cannot be used for any other business or entity. Franchisees are prohibited from selling, leasing, or commercially exploiting the Program or any data it generates. Access to the Program is restricted to approved third parties who have a written confidentiality agreement with Floyds 99.
Furthermore, franchisees must keep the Program and its data confidential during and after the franchise term, adhering to security precautions set by Floyds 99. Employees with access to the Program must sign a confidentiality agreement. These strict controls ensure the protection of Floyds 99's proprietary information and maintain data security within the franchise system.