Where can I find information about trademarks in the Floyds 99 Franchise Agreement?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
anty and Assumption of Franchisee's Obligations
- III. Statement of Ownership
- IV. Electronic Funds Transfer Authorization
- V. Permit, License and Construction Certification
- VI. Consent to Option
FLOYD'S 99 FRANCHISING, LLC FRANCHISE AGREEMENT
THIS AGREEMENT (the "Agreement") is made this day of, 20, by and between FLOYD'S 99 FRANCHISING, LLC, a Colorado limited liability company, located at 7900 E. Berry Place, Greenwood Village, CO 80111 (the "Franchisor") and located at (the "Franchisee"), who, on the basis of the following understandings and agreements, agree as follows:
1. PURPOSE
- 1.1 The Franchisor has developed methods for establishing and operating franchises for the operation of retail hair care businesses ("FLOYD'S 99 Shops" or "Barbershops") which use the service mark "FLOYD'S 99" and related service marks, trade names and trademarks ("Marks") and the Franchisor's proprietary methods of doing business ("Licensed Methods").
- 1.2 The Franchisor grants the right to others to develop and operate FLOYD'S 99 Shops, under the Marks and pursuant to the Licensed Methods.
- 1.3 The Franchisee desires to establish a FLOYD'S 99 Shop at a location identified herein or to be later identified, and the Franchisor desires to grant the Franchisee the right to operate a FLOYD'S 99 Shop at such location under the terms and conditions which are contained in this Agreement.
2. GRANT OF FRANCHISE
- 2.1 Grant of Franchise. The Franchisor grants to the Franchisee, and the Franchisee accepts from the Franchisor, the right to use the Marks and Licensed Methods in connection with the establishment and operation of one FLOYD'S 99 Shop, at the location described in Section 3.1 of this Agreement. The Franchisee agrees to use the Marks and Licensed Methods, as they may be changed, improved, and further developed by the Franchisor from time to time, only in accordance with the terms and conditions of this Agreement.
- 2.2 Scope of Franchise Operations. The Franchisee shall at all times comply with the Franchisee's obligations hereunder and shall continuously use best efforts to promote and operate the FLOYD'S 99 Shop. The Franchisee shall not engage in any business other than the operation of the Barbershop. The Franchisee shall utilize the Marks and Licensed Methods to operate all aspects of the business franchised hereunder in accordance with the methods and systems developed and prescribed from time to time by the Franchisor, all of which are a part of the Licensed Methods. The Franchisee's FLOYD'S 99 Shop shall offer all services and products as the Franchisor shall designate.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, details regarding the brand's trademarks, referred to as "Marks," are found within the Franchise Agreement itself. Specifically, section 1.1 defines the term "Marks" as the service mark "FLOYD'S 99" and related service marks, trade names, and trademarks used by Floyds 99. Section 2.1 grants the franchisee the right to use these Marks in operating their Floyds 99 shop, contingent upon adhering to the terms and conditions outlined in the agreement.
Further, section 1.2 indicates that Floyds 99 grants the right to others to develop and operate FLOYD'S 99 Shops, under the Marks. Section 6 specifies the franchisee's obligations upon termination or expiration of the agreement, including ceasing the use of Floyds 99's trademarks and returning materials bearing those marks. Section 15.5 emphasizes that Floyds 99 has a prior claim to the "FLOYD'S 99" trade name, restricting the franchisee from using "FLOYD'S 99" in their business's legal name or registering related domain names without prior written consent from Floyds 99.
These sections of the Franchise Agreement collectively define the scope of trademark usage rights granted to the franchisee, while also protecting Floyds 99's ownership and control over its brand identity. A prospective franchisee should carefully review these sections to understand their rights and obligations regarding the use of Floyds 99's trademarks, trade names, and service marks, both during the term of the franchise agreement and upon its termination.