factual

Does the Floyds 99 franchise agreement address attorneys' fees?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee agrees to pay all of Franchisor's reasonable attorneys' fees and costs incurred as a consequence of Franchisor's exercise of Franchisor's Management Rights.

The Franchisor shall bear the reasonable cost of any such action, including attorneys' fees.

The Franchisor shall indemnify and hold the Franchisee harmless from, and reimburse the Franchisee for, any loss, liability, claim or damages (collectively, the "Claims"), and all reasonable costs, expenses and attorneys' fees incurred defending any Claims brought against the Franchisee, or in any action in which the Franchisee is named as a party, which arises out of or is related to the

Source: Item 22 — CONTRACTS (FDD pages 57–58)

What This Means (2025 FDD)

According to the 2025 Floyds 99 Franchise Disclosure Document, the franchise agreement does address the payment of attorneys' fees in specific circumstances. If Floyds 99 exercises its management rights over a franchisee's shop, the franchisee is responsible for covering all reasonable attorneys' fees and costs incurred by Floyds 99 as a result of this action. This means that if Floyds 99 steps in to manage a location temporarily, the franchisee will have to pay Floyds 99's legal expenses associated with that process.

Additionally, the FDD states that Floyds 99 has the right to determine whether any action will be taken on account of any possible infringement or illegal use of their trademarks. Floyds 99 will bear the reasonable cost of any such action, including attorneys' fees. The franchisee must fully cooperate with Floyds 99 in any such litigation. Floyds 99 will indemnify and hold the franchisee harmless from, and reimburse the franchisee for, any loss, liability, claim or damages, and all reasonable costs, expenses and attorneys' fees incurred defending any Claims brought against the Franchisee, or in any action in which the Franchisee is named as a party, which arises out of or is related to the marks.

This allocation of responsibility for legal fees is fairly typical in franchise agreements. It is important for a prospective Floyds 99 franchisee to understand these conditions, as they could potentially face significant expenses if Floyds 99 needs to take over management of their shop or if legal issues arise related to trademark infringement. Franchisees should carefully consider these potential costs and ensure they have sufficient resources to cover them if necessary.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.