Does the Developer Agreement for Floyds 99 grant the Developer any right to use the Marks?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the Developer Agreement does not grant the Developer any right to use the Marks. The right to use the Marks is only granted by the terms of a Franchise Agreement. Until a Franchise Agreement has been entered into for a specific Barbershop, the Developer will not have the right to use the Marks.
Floyds 99 emphasizes that the Developer cannot use any Mark as part of any corporate or trade name, as the Developer's primary business name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols. Additionally, the Developer cannot use any Mark in connection with any business or activity other than the business conducted pursuant to the Franchise Agreements, unless explicitly authorized in writing by Floyds 99.
This restriction means that while a Developer can secure the rights to develop multiple Floyds 99 locations, they cannot begin operating under the Floyds 99 name or utilize its branding until a separate Franchise Agreement is in place for each specific barbershop. This ensures that the Developer adheres to Floyds 99's standards and guidelines before representing the brand to the public.