What is the exception to the rule against copying the Floyds 99 Program?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, franchisees are generally prohibited from copying or reproducing the Floyds 99 Program. However, there is an exception that allows for one copy of the Program to be made for normal back-up and operational purposes. This exception ensures that franchisees can maintain business continuity in case of technical issues or data loss.
This exception is conditional. It does not allow franchisees to distribute or use the copied program for any other purpose beyond internal back-up and operations. Franchisees are still responsible for maintaining the confidentiality and security of the Program and any data generated by it. They must also adhere to any security precautions prescribed by Floyds 99 to prevent unauthorized access, use, disclosure, or copying of the Program.
Additionally, this exception does not override the franchisee's obligation to comply with local, state, and federal laws, or customary business practices. Franchisees are permitted to use data generated by the Program to the extent reasonably necessary to comply with these legal and business requirements. This ensures that franchisees can fulfill their legal obligations without violating the restrictions on copying the Program.