Does Floyds 99 grant the right to others to develop and operate Floyds 99 Shops?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisee acknowledges that its franchise rights as granted are non-exclusive and that the Franchisor, for itself and its successors and affiliates, retains the rights, among others:
a. to use, and to license others to use, the Marks and Licensed Methods in connection with the operation of FLOYD'S 99 Shops, at any location except within the Protected Territory;
b. to use the Marks to identify any type of services and products, promotional and marketing efforts or related items, and to identify products and services distributed or otherwise made available through alternative channels of distribution other than through FLOYD'S 99 Shops, at any location, whether within or outside of the Protected Territory, including but not limited to, at temporary events and venues or by way of wholesale distribution, Internet marketing or distribution, by mail order, catalog sales, social media marketing, telemarketing, other direct marketing or retail store product display;
c. to use and license others to use the Marks and Licensed Methods within or outside the Protected Territory in connection with the operation of Barbershops within "Captive Audience Facilities" which are defined as facilities where people are congregating for a primary purpose unrelated to the Barbershop business, creating significant foot traffic in the facility, including airports and other transportation hubs, hospitals, college campuses, convention centers, grocery stores, department stores, resorts and hotels and within office buildings, but not including lifestyle centers, town centers, "big box" retail centers and regional shopping malls.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, Floyds 99 retains the right to license others to use their Marks and Licensed Methods for operating Floyds 99 Shops at any location, except within a franchisee's protected territory. This means that while a franchisee is granted a specific protected territory, Floyds 99 reserves the right to expand its brand's presence through additional franchises outside of those territories.
Floyds 99 also retains the right to use its Marks to identify any type of services and products through alternative channels of distribution other than through Floyds 99 Shops, at any location. These alternative channels include temporary events, wholesale distribution, internet marketing, mail order, catalog sales, social media marketing, telemarketing, other direct marketing, or retail store product display.
Furthermore, Floyds 99 reserves the right to use and license others to use the Marks and Licensed Methods within or outside the Protected Territory in connection with the operation of Barbershops within "Captive Audience Facilities". These facilities include airports, transportation hubs, hospitals, college campuses, convention centers, grocery stores, department stores, resorts, hotels, and office buildings. If a Captive Audience Facility is within a franchisee's protected territory, Floyds 99 will notify the franchisee of the opportunity to develop and operate the barbershop within that facility.