factual

What is the Floyds 99 franchisee required to enter into regarding the lease?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

The lease shall be conditionally assigned to the Franchisor as security for the Franchisee's timely performance of all obligations under this Agreement and the lease.

The Franchisee shall enter into Franchisor's standard Conditional Assignment of Lease.

In addition, the Franchisee shall obtain the landlord's consent to the terms of the Franchisor's standard form of Lease Addendum or incorporate the Franchisor's required terms into the lease or obtain the landlord's consent to the terms of the Franchisor's standard form of lease, whichever is applicable.

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

What This Means (2025 FDD)

According to the 2025 Floyds 99 Franchise Disclosure Document, a franchisee is required to enter into the Franchisor's standard Conditional Assignment of Lease. This assignment serves as security for the franchisee's performance of their obligations under both the franchise agreement and the lease itself. Additionally, the franchisee must obtain the landlord's consent to the terms outlined in Floyds 99's standard Lease Addendum, incorporate the franchisor's required terms into the lease, or secure the landlord's consent to the terms of Floyds 99's standard lease form, depending on the specific situation.

Floyds 99 requires franchisees to obtain prior written approval from them before executing any lease or lease amendments for the franchised location. The lease for the Floyds 99 location must include specific provisions detailed in the Operations Manual. These provisions may include an initial or renewal term of at least 10 years with specified rent, the landlord's consent to the franchisee's use of Floyds 99's marks and signage, and the franchisor's right to enter the premises for modifications to protect the marks and licensed methods.

Furthermore, the lease should allow Floyds 99 to assume the lease and assign or sublet the premises to another franchisee without the landlord's consent if the franchisee defaults or the agreement terminates. The landlord must also provide Floyds 99 with written notice of any defaults by the franchisee and the right to cure those defaults. Acceptable restrictive use clauses must also be included in the lease. Floyds 99 reserves the right to require franchisees to use their standard lease form instead of adding provisions to the landlord's form.

It is important to note that Floyds 99's approval of a lease does not constitute a recommendation, endorsement, or guarantee of the location's suitability or profitability. The franchisee is responsible for ensuring the location and lease terms are acceptable and should not rely solely on Floyds 99's review. The franchisee must sign a lease within 270 days of the franchise agreement date and provide a copy to Floyds 99 within 15 days of execution.

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.