Does the franchisor have unrestricted access to the premises of a Floyds 99 location?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the franchisor, under specific circumstances, has the right to enter the premises of a Floyds 99 location. Specifically, upon the earlier of the expiration or termination of the Franchise Agreement or the Lease, or upon any default under either agreement, Floyds 99 has the right, but not the obligation, to enter the premises. This access is for the purpose of removing furniture, fixtures, equipment, trade names, trade dress, and other trade indicia associated with Floyds 99.
This right is not unrestricted, as it is triggered by specific events such as the termination or expiration of the lease or franchise agreement, or a default by the franchisee. Floyds 99 is responsible for covering the costs associated with the removal of these items and must promptly repair any damage caused to the premises during the removal process. The franchisor has fifteen days from the later of receiving notice of expiration or termination or discovering that the tenant has failed to remove the items to complete the removal.
This clause protects Floyds 99's brand identity and ensures that upon termination or default, the premises do not continue to operate or appear as a Floyds 99 franchise without authorization. It also provides a mechanism for the franchisor to recover its assets and proprietary branding elements from a location that is no longer part of the franchise system. This is a fairly standard practice in franchising, as franchisors typically want to maintain control over their brand image and prevent unauthorized use of their trademarks and trade dress.