What is the impact of the Floyds 99 Franchisee waiving rights under similar provisions of any other law?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
| Developer is dated, 20 | This Rider to the Development Agreement by and between Floyd's 99 Franchising, LLC and | |
|---|---|---|
| 1. | The following shall be added at the end of Section 8.2.f.: | |
| 687.5 be satisfied. | Provided however, that all rights enjoyed by the Franchisee and any causes of action arising in the Franchisee's favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provision of GBL 687.4 and | |
| 2. | Section 8.6 is deleted and the following is inserted in its place: | |
| Franchisor's obligations under this Agreement. | This Agreement is fully assignable by the Franchisor and shall inure to the benefit of any assignee or other legal successor in interest, and the Franchisor shall in such event be fully released from the same, provided no assignment shall be made except to an assignee who, in the Franchisor's good faith judgment, is willing and able to assume the | |
| 3. | The following shall be added at the end of Section 9.1: | The Developer may terminate the Agreement upon any grounds available by law. |
| 4. wrongs committed by the Franchisor. | After the first sentence of Section 10.3, the following sentence shall be added: However, the Developer shall not be required to indemnify the Franchisor for any liabilities which arose as a result of the Franchisor's breach of this Agreement or other civil | |
| 5. | The following shall be added to Section 13.4: | |
| General Business Law. | However, the foregoing choice of law shall not be considered a waiver of any right conferred upon the Developer by the provisions of Article 33 of the New York State | |
| written. | IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this New York Rider concurrently with the execution of the Development Agreement on the day and year first above | |
| FLOYD'S 99 FRANCHISING, LLC | DEVELOPER (Print Name) | |
| By: | By: | |
| Title: | Title: |
RIDER TO THE FLOYD'S 99 FRANCHISING, LLC FRANCHISE AGREEMENT FOR THE STATE OF NEW YORK
This Rider to the Franchise Agreement by and between Floyd's 99 Franchising, LLC and Franchisee is dated, 20
- The following sentence shall be added after the first sentence of Section 8.3:
Any new or different requirement set forth in the Operations Manual shall not unreasonably increase the Franchisee's obligations or place an excessive burden on the Franchisee's operation of its Floyd's 99 Shop.
- The following shall be added at the end of Sections 18.2.f and 19.3.d:
Provided however, that all rights enjoyed by the Franchisee and any causes of action arising in the Franchisee's favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provision of GBL 687.4 and 687.5 be satisfied.
3.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 FDD, the impact of a franchisee waiving rights under similar provisions of other laws varies by state. In New York, the rider to the franchise agreement ensures that all rights enjoyed by the franchisee and any causes of action arising in the franchisee's favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder remain in force. This is to satisfy the non-waiver provision of GBL 687.4 and 687.5.
In Virginia, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on any statement made by the franchisor. This provision supersedes any other conflicting term in any document executed in connection with the franchise.
For Minnesota, the FDD states that Minnesota Statutes and Rules prohibit Floyds 99 from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. Furthermore, nothing in the Franchise Disclosure Document or agreements can reduce any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.