What is the purpose of adding a rider to the Floyds 99 Development Agreement specifically for the state of Maryland?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
| Developer is dated, 20 | This Rider to the Development Agreement by and between Floyd's 99 Franchising, LLC and | ||
|---|---|---|---|
| 1. | The following statement is added at the end of Section 8.2.f: | ||
| apply to any liability under the Maryland Franchise Registration and Disclosure Law. | Pursuant to the Code of Maryland Regulations (COMAR) 02.02.08.16L, the | ||
| general release required as a condition of renewal, sale and/or assignment/transfer shall not | |||
| 2. | The following statement is added at the end of Section 13.4: | ||
| within three years after the grant of the franchise. | The Developer may commence any cause of action against the Franchisor in any court of | ||
| competent jurisdiction, including the state or federal courts of Maryland. Any claims | |||
| arising under the Maryland Franchise Registration and Disclosure Law must be brought | |||
| 3. | The following statement is added to the end of Sections 13.2 and 13.16: | ||
| Law. | All representations requiring prospective franchisees to assent to a release, | ||
| estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel | |||
| or waiver of any liability incurred under the Maryland Franchise Registration Disclosure | |||
| written. | IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Maryland | ||
| Rider concurrently with the execution of the Development Agreement on the day and year first above | |||
| FLOYD'S 99 FRANCHISING, LLC | DEVELOPER (Print Name) | ||
| By: | By: | ||
| Title: | Title: | ||
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the Maryland Rider to the Development Agreement addresses specific legal requirements within Maryland concerning franchise rights and liabilities. This rider modifies certain sections of the standard Development Agreement to ensure compliance with the Maryland Franchise Registration and Disclosure Law.
Specifically, the rider clarifies that any general release required as a condition of renewal, sale, or transfer of the franchise does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law, as mandated by the Code of Maryland Regulations (COMAR) 02.02.08.16L. This means a franchisee cannot waive their rights under Maryland franchise law through a standard release agreement.
Additionally, the rider states that a developer can bring a cause of action against Floyds 99 in Maryland courts, including federal courts, but any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years of the franchise grant. The rider also clarifies that representations requiring franchisees to waive liability do not act as a waiver of any liability incurred under the Maryland Franchise Registration Disclosure Law. This protects the franchisee's right to pursue claims under Maryland law within the specified timeframe and ensures that standard waiver clauses do not override these protections.