What happens if there is an inconsistency between the Lease and the Floyds 99 Lease Addendum?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Addendum is attached to and made a part of that certain Lease (the "Lease") by and between ("Landlord") and | |
|---|---|
| ("Tenant") for certain premises located at (the "Premises") in | |
| the ("Shopping Center"). In the event of any contradiction or | |
| inconsistency between the terms and provisions of this Addendum and the terms and provisions of the Lease | |
| to which it is attached, the terms and provisions of this Addendum shall control and be interpreted in such | |
| a manner as to override any provision of the Lease which would prevent the spirit and letter of the terms | |
| and provisions of this Addendum from being given full force and effect. All defined terms not specifically | |
| defined in this Addendum shall be given the same meaning as the defined terms in the Lease. |
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, the terms of the Lease Addendum take precedence over the standard lease agreement. Specifically, if any term or provision in the Lease contradicts or is inconsistent with the Lease Addendum, the Lease Addendum will control the interpretation and application of those terms. This ensures that the provisions of the Lease Addendum are fully enforced.
This clause is important for prospective Floyds 99 franchisees because it clarifies the relationship between the standard lease agreement and the Lease Addendum, which is designed to protect Floyds 99's interests. By giving the Lease Addendum priority, Floyds 99 ensures that key provisions related to the franchise operation, such as assignment rights, signage, and other critical aspects, are upheld even if they conflict with standard lease terms.
For a franchisee, this means that the terms outlined in the Lease Addendum, which are specifically tailored to the Floyds 99 franchise, will govern the lease agreement. This offers a level of assurance that the franchisor's requirements and protections are maintained throughout the lease term. Franchisees should carefully review both the lease and the addendum to understand their rights and obligations, paying close attention to any areas where the documents may differ, knowing that the addendum will prevail.