How does the Floyds 99 Lease Addendum ensure its terms are fully enforced?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
or's rights.
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- REMOVAL OF TRADE DRESS/PERSONAL PROPERTY. Tenant shall have fifteen (15) days from the termination or expiration of the Lease to remove Tenant's property and trade dress from
the Premises. Landlord further agrees that, upon the earlier of the expiration or termination of the Franchise Agreement or the Lease or upon any Default under the Lease or any default under the Franchise Agreement, Franchisor will have the right, but not the obligation, at Franchisor's sole cost, to enter upon the Premises and to remove any or all furniture, fixtures, equipment and all trade names, trade dress and other trade indicia associated with Franchisor, including, without limitation, Tenant's property, external and internal signage and all trade dress and design characteristics identifying the Premises as a FLOYD'S 99 franchise. Franchisor agrees to promptly repair any damage to the Premises caused by such removal or modifications. Franchisor will have fifteen (15) days from the later of (1) receipt of such notice of expiration or termination to remove such items, and (2) Franchisor's discovery that Tenant has failed to remove such items.
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- AMENDMENT. Franchisor's prior written consent, which will not be unreasonably withheld, must be obtained by Landlord and Tenant to cancel, terminate (including Tenant's voluntary surrender), modify or amend the Lease including, without limitation, Franchisor's rights under this Addendum. Any attempted cancellation, termination, modification, acceptance of surrender or amendment without Franchisor's consent shall be null and void and have no effect as to Franchisor's interest thereunder.
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- RELATIONSHIP OF TENANT AND FRANCHISOR. Landlord acknowledges that Tenant is not an agent or employee of Franchisor and Tenant has no authority or power to act for, or to create any liability on behalf of, or to in any way bind Franchisor or any affiliate of Franchisor, and that Landlord has entered into this Addendum with the full understanding that it creates no duties, obligations or liabilities of or against Franchisor or any Franchisor Party.
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- BENEFITS AND SUCCESSORS. The benefits of this Addendum inure to Franchisor and to its successor and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the Lease Addendum includes several provisions to ensure its terms are fully enforced, primarily focusing on the franchisor's rights and involvement in the lease agreement between the franchisee (tenant) and the landlord. Floyds 99 requires that the landlord obtain the franchisor's prior written consent before any cancellation, termination, modification, or amendment of the lease, including any changes to the franchisor's rights outlined in the addendum. Any attempt to make such changes without Floyds 99's consent is considered void and has no effect on the franchisor's interests. This provision ensures that the franchisor maintains control over the lease terms and can protect its brand and operational standards.
Another key enforcement mechanism is the franchisor's right to enter the premises and remove trade dress and personal property under certain conditions. Specifically, upon the earlier of the expiration or termination of the Franchise Agreement or the Lease, or upon any default under either agreement, Floyds 99 has the right, but not the obligation, to enter the premises and remove furniture, fixtures, equipment, trade names, trade dress, and other trade indicia associated with the franchisor. This includes the franchisee's property, external and internal signage, and design characteristics that identify the location as a Floyds 99 franchise. The franchisor is responsible for promptly repairing any damage caused by such removal. This provision ensures that the Floyds 99 brand is protected and that the premises are not used in a way that could harm the brand's reputation after the franchise relationship ends.
Additionally, the Lease Addendum includes a clause that the landlord acknowledges the franchisee is not an agent or employee of Floyds 99 and has no authority to bind the franchisor. The landlord enters the addendum with the understanding that it creates no duties, obligations, or liabilities for Floyds 99. The benefits of the addendum inure to Floyds 99 and its successors and assigns, further solidifying the franchisor's position. These measures collectively ensure that the Lease Addendum is fully enforced, protecting the interests of Floyds 99 and maintaining the integrity of the franchise system.