table_specific

Does Floyds 99 include a Nondisclosure and Noncompetition Agreement as part of its franchise agreements?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

22. RESTRICTIVE COVENANTS

  • 22.1 Non-Competition During Term.

The Franchisee acknowledges that, in addition to the training provided pursuant to this Agreement and the license of the Marks hereunder, the Franchisor has also licensed commercially valuable information which comprises and is a part of the Licensed Methods, including without limitation, operations, proprietary products, proprietary product formulas, vendor lists, marketing, advertising and related information and materials and that the value of this information derives not only from the time, effort and money which went into its compilation, but from the usage of the same by all the franchisees of the Franchisor using the Marks and Licensed Methods.

Therefore, other than the FLOYD'S 99 Shop licensed herein or authorized by separate agreement with the Franchisor, neither the Franchisee nor any of the Franchisee's officers, directors, shareholders, Principal Managers, Barbershop managers, equity owners, members, managers or partners, nor any member of his or their immediate families, shall during the term of this Agreement:

  • a. have any direct or indirect controlling interest as a disclosed or beneficial owner in a "Competitive Business" as defined below;

  • b. perform services as a director, officer, manager, employee, consultant, representative, agent or otherwise for a Competitive Business; or

  • c. divert or attempt to divert any business related to, or any client or account of the FLOYD'S 99 Shop, the Franchisor's business or any other FLOYD'S 99 franchisee's business, by direct inducement or otherwise, or divert or attempt to divert the employment of any employee of the Franchisor or another franchisee licensed by the Franchisor to use the Marks and Licensed Methods, to any Competitive Business by any direct inducement or otherwise.

  • d.

Source: Item 22 — CONTRACTS (FDD pages 57–58)

What This Means (2025 FDD)

According to the 2025 Floyds 99 Franchise Disclosure Document, the franchise agreement includes restrictive covenants related to non-competition. During the term of the agreement, franchisees and related parties are restricted from having a direct or indirect controlling interest in a Competitive Business, performing services for a Competitive Business, or diverting business or employees from the Floyds 99 Shop, the Franchisor, or any other Floyds 99 franchisee.

These restrictions apply not only to the franchisee but also to their officers, directors, shareholders, Principal Managers, Barbershop managers, equity owners, members, managers, partners, and their immediate families. This broad scope aims to prevent any potential conflict of interest or unfair competition during the franchise term.

It is important for prospective franchisees to carefully review Section 22.1 of the franchise agreement to fully understand the scope and limitations of these non-competition covenants. Understanding these restrictions is crucial for franchisees to avoid any actions that could be construed as a breach of the agreement during its term.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.