Is the Rider to the Floyds 99 Development Agreement for Maryland considered a separate legal document or an integrated part of the original Development Agreement?
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 |
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the Rider to the Development Agreement for Maryland is executed and delivered concurrently with the execution of the Development Agreement. This indicates that the Rider is intended to be an integrated part of the original Development Agreement, not a separate document. The Rider modifies specific sections of the Development Agreement to comply with Maryland law.
For a prospective Floyds 99 franchisee, this means that the terms of the Rider are legally binding as part of the overall Development Agreement. The franchisee must understand both the original agreement and the Rider to fully grasp their rights and obligations in Maryland. The Rider includes stipulations that alter sections of the original agreement, such as those related to liability, waivers, and legal recourse, to align with Maryland's Franchise Registration and Disclosure Law.
It is important for the franchisee to carefully review the Rider along with the Development Agreement to understand how the original terms are modified. This ensures compliance with Maryland regulations and protects the franchisee's rights under state law. The concurrent execution clause emphasizes that the Rider is not a standalone agreement but an integral component of the Development Agreement, specifically tailored for operations within Maryland.