factual

What post-termination obligations apply to a Floyds 99 franchisee after a hold-over period?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 19.2 Continuation. If for any reason, the Franchisee continues to operate the Barbershop beyond the term of this Agreement or any subsequent renewal period, it shall be deemed to be on a month-to-month basis under the terms of this Agreement and subject to termination upon 30 days' notice or as required by law. If said hold-over period exceeds 90 days, this Agreement is subject to immediate termination unless applicable law requires a longer period. Upon termination after any hold-over period, the Franchisee and those in active concert with the Franchisee, including family members, officers, directors, partners and managing agents, are subject to the terms of Sections 20.3, 20.4, 22.2 and 22.3 of this Agreement and all other applicable post-termination obligations contained in this Agreement.

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

What This Means (2025 FDD)

According to the 2025 Floyds 99 Franchise Disclosure Document, if a franchisee continues to operate the barbershop beyond the initial 10-year term or any renewal period, it is considered a month-to-month arrangement. This hold-over period is subject to termination with a 30-day notice, or as required by law. If the hold-over exceeds 90 days, Floyds 99 can immediately terminate the agreement, unless a longer period is legally mandated.

Upon termination after any hold-over period, the franchisee and those associated with them, such as family members, officers, directors, partners, and managing agents, must comply with Sections 20.3, 20.4, 22.2, and 22.3 of the Franchise Agreement. They must also adhere to all other applicable post-termination obligations outlined in the agreement. This means that all the standard obligations that apply when a franchise agreement ends also apply after a hold-over period.

These post-termination obligations may include ceasing to use Floyds 99's trademarks and operating systems, fulfilling any outstanding financial obligations to Floyds 99, and potentially being subject to non-compete restrictions. It is important for prospective franchisees to carefully review the specific details of Sections 20.3, 20.4, 22.2, and 22.3, as well as the other post-termination clauses within the Franchise Agreement, to fully understand their responsibilities should they continue operating beyond the original term and the agreement is subsequently terminated.

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.