What is the effect of the Floyds 99 Franchise Agreement on the Lease?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
nformation; (b) display its logo on signage displayed at the Premises; (c) display tasteful signage on sandwich board signs within the areas adjacent to the Premises during Tenant's regular business hours; and (d) project Tenant's signature "After Hours" feature on the windows of the Premises after business hours on nights it deems commercially reasonable as permitted by appropriate regulatory bodies.
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- USE CLAUSE. Tenant shall have the right to use the Premises for purposes of operating a retail hair care business which provides hair care services and sells related hair care products and other ancillary purposes associated therewith.
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- BUSINESS HOURS. Tenant may close its business once every 5 years for a reasonable time to refurbish and redecorate the Premises.
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- ACCESS TO PREMISES. During the term of the Lease, Landlord and Tenant acknowledge and agree that Franchisor will have unrestricted access to the Premises to inspect the Premises and Tenant's business operations in accordance with the Franchise Agreement and to take such actions as are reasonable and permitted under this Addendum to enforce Franchisor's rights.
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- REMOVAL OF TRADE DRESS/PERSONAL PROPERTY. Tenant shall have fifteen (15) days from the termination or expiration of the Lease to remove Tenant's property and trade dress from
the Premises. Landlord further agrees that, upon the earlier of the expiration or termination of the Franchise Agreement or the Lease or upon any Default under the Lease or any default under the Franchise Agreement, Franchisor will have the right, but not the obligation, at Franchisor's sole cost, to enter upon the Premises and to remove any or all furniture, fixtures, equipment and all trade names, trade dress and other trade indicia associated with Franchisor, including, without limitation, Tenant's property, external and internal signage and all trade dress and design characteristics identifying the Premises as a FLOYD'S 99 franchise. Franchisor agrees to promptly repair any damage to the Premises caused by such removal or modifications. Franchisor will have fifteen (15) days from the later of (1) receipt of such notice of expiration or termination to remove such items, and (2) Franchisor's discovery that Tenant has failed to remove such items.
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- AMENDMENT. Franchisor's prior written consent, which will not be unreasonably withheld, must be obtained by Landlord and Tenant to cancel, terminate (including Tenant's voluntary surrender), modify or amend the Lease including, without limitation, Franchisor's rights under this Addendum. Any attempted cancellation, termination, modification, acceptance of surrender or amendment without Franchisor's consent shall be null and void and have no effect as to Franchisor's interest thereunder.
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- RELATIONSHIP OF TENANT AND FRANCHISOR. Landlord acknowledges that Tenant is not an agent or employee of Franchisor and Tenant has no authority or power to act for, or to create any liability on behalf of, or to in any way bind Franchisor or any affiliate of Franchisor, and that Landlord has entered into this Addendum with the full understanding that it creates no duties, obligations or liabilities of or against Franchisor or any Franchisor Party.
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- BENEFITS AND SUCCESSORS. The benefits of this Addendum inure to Franchisor and to its successor and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the Franchise Agreement impacts the lease in several ways. Floyds 99 has the right to enter the premises and remove items related to the brand if the lease or Franchise Agreement terminates. The franchisee, as the tenant, has 15 days to remove their property and trade dress after the lease ends. If they fail to do so, Floyds 99 has the right to remove furniture, fixtures, equipment, trade names, trade dress, and signage associated with the Floyds 99 franchise. Floyds 99 is responsible for repairing any damage caused by such removal.
Furthermore, any cancellation, termination, modification, or amendment of the lease requires Floyds 99's prior written consent, which will not be unreasonably withheld. Any attempt to alter the lease without this consent is considered void and has no effect on Floyds 99's interest. The landlord acknowledges that the tenant (franchisee) is not an agent or employee of Floyds 99 and cannot create any liability on behalf of Floyds 99. The landlord enters into the agreement with the understanding that it creates no duties, obligations, or liabilities for Floyds 99.
Additionally, Floyds 99 can conditionally assign the lease to another Floyds 99 franchisee without the landlord's further consent or assign the lease to someone reasonably acceptable to the landlord who agrees to take on the tenant's obligations. If such an assignment occurs, Floyds 99 has no further liability under the lease, and the landlord will enter into a replacement Conditional Assignment of Lease Agreement with the new tenant. The assignor (original tenant) also agrees not to allow any surrender, amendment, modification, termination, or other assignment of the lease without Floyds 99's prior written consent and must exercise all options to extend or renew the lease unless Floyds 99 agrees otherwise in writing. Floyds 99 also has power of attorney to exercise an extension or renewal option for the lease.