factual

To whom should the landlord address the written notice of default for a Floyds 99 location?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

Prior to the enforcement of any remedies under the Lease, Landlord agrees to provide Franchisor with written notice of Tenant's default under the Lease. Franchisor shall have ten (10) days after such notice to cure monetary defaults and thirty (30) days after such notice to cure non-monetary defaults. Notice to Franchisor shall be addressed as follows:

Floyd's 99 Franchising, LLC Attn: Leasing/Real Estate 7900 E. Berry Place Greenwood Village, CO 80111

Franchisor shall have the right, but not the obligation, to succeed to Tenant's rights upon Tenant's default by taking an assignment of Tenant's interest under this Lease and curing such default.

Source: Item 23 — RECEIPT (FDD pages 58–229)

What This Means (2025 FDD)

According to the 2025 Floyds 99 Franchise Disclosure Document, prior to enforcing any remedies under the lease, the landlord must provide Floyds 99 Franchising, LLC with written notice of the tenant's default. Floyds 99 then has the right, but not the obligation, to cure the default by taking an assignment of the tenant's interest in the lease. Floyds 99 has ten days to cure monetary defaults and thirty days to cure non-monetary defaults.

The notice to Floyds 99 Franchising, LLC should be addressed to the following address: Floyd's 99 Franchising, LLC Attn: Leasing/Real Estate 7900 E. Berry Place Greenwood Village, CO 80111. This ensures that the franchisor is informed of any issues with the franchisee's lease and has the opportunity to protect its interests.

This requirement protects Floyds 99 by giving it a chance to intervene if a franchisee is struggling to meet their lease obligations, which could ultimately affect the brand's reputation and the viability of the location. For a prospective franchisee, this clause offers some security, knowing that Floyds 99 has a vested interest in ensuring the franchisee's location remains operational and in good standing with the landlord.

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.