Must the landlord consent to the Floyds 99 franchisee's use of the Marks and signage?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
The lease for the Franchised Location shall contain provisions set forth in detail in the Operations Manual (defined in Section 8.1 below), which may include the following: (1) providing for an initial term, or an initial term together with any renewal terms (for which rent must be specified in the lease) of at least 10 years; (2) expressing the landlord's consent to the Franchisee's use of the Marks and all required signage for the Barbershop; (3) giving the Franchisor the right to enter the premises and make any modification necessary to protect the Marks and the Licensed Methods; (4) allowing the Franchisor, or its designee, to have the option to assume the lease and the right following such assumption to assign the lease or sublet the leased premises to another FLOYD'S 99 franchisee for all or any part of the lease term without further landlord consent if the Franchisee defaults under the lease or this Agreement or if this Agreement terminates or expires; (5) requiring the landlord to give the Franchisor written notice of any defaults by the Franchisee under such lease and the right to cure any such defaults; and (6) the lease shall also contain restrictive use clauses which are acceptable to the Franchisor.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the lease for the franchised location must include a provision expressing the landlord's consent to the franchisee's use of Floyds 99's Marks and all required signage for the barbershop. This requirement ensures that Floyds 99 franchisees have the legal right to display the brand's trademarks and signage at their location, which is crucial for brand recognition and attracting customers.
This provision protects both the franchisee and Floyds 99 by preventing potential disputes with the landlord regarding the use of the brand's intellectual property. It also allows Floyds 99 to maintain consistent branding across all franchise locations, which is essential for building a strong brand identity. The franchisor also has the right to enter the premises and make modifications to protect the Marks and Licensed Methods.
Furthermore, the lease agreement must grant Floyds 99 the option to assume the lease and assign or sublet the premises to another franchisee without needing further consent from the landlord if the franchisee defaults or the agreement terminates. This clause provides Floyds 99 with flexibility and control over the location in case of franchisee issues, ensuring business continuity and minimizing potential disruptions to the Floyds 99 system. The landlord must also provide written notice of any franchisee defaults and allow Floyds 99 the right to cure such defaults.