What happens if there is an inconsistency between the terms of the Addendum and the Lease for a Floyds 99 franchise?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
Tenant shall agree to attorn to any assignee of Landlord provided such assignee will agree not to disturb Tenant's possession of the Premises. So long as the Lease term continues and Tenant is not in default beyond applicable notice and cure periods, Tenant's use, possession and enjoyment of the Premises will not be interfered with by any lender of Landlord or any other person.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the document does not specifically state what happens if there is an inconsistency between the terms of the Addendum and the Lease. The document does state that the franchisee shall agree to attorn to any assignee of Landlord provided such assignee will agree not to disturb Tenant's possession of the Premises.
However, the Lease Addendum outlines several key rights and obligations of Floyds 99 as the franchisor, the franchisee as the tenant, and the landlord. These provisions primarily concern the franchisor's rights regarding the premises, including the removal of trade dress and personal property upon termination or expiration of the lease or franchise agreement. It also stipulates that any modifications or amendments to the lease require the franchisor's prior written consent, ensuring that the franchisor's interests are protected.
Because the FDD does not specifically address inconsistencies between the lease and addendum, prospective franchisees should seek clarification from Floyds 99 regarding the process for resolving such conflicts. Understanding the hierarchy and enforceability of these documents is crucial for protecting their investment and ensuring smooth operations.