Is the Rider to the Floyds 99 Development Agreement for Maryland a separate document or an integrated part of the 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 | |||
| 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 Rider to the Development Agreement for Maryland is executed concurrently with the Development Agreement, indicating it is an integrated part of the agreement. This means that the Rider is not a standalone document but is intended to be read and enforced alongside the main Development Agreement.
For a prospective Floyds 99 developer in Maryland, this implies that the terms and conditions outlined in the Rider are legally binding from the moment the Development Agreement is signed. The Rider modifies specific sections of the Development Agreement to comply with Maryland law.
The Rider includes stipulations about liability under the Maryland Franchise Registration and Disclosure Law, the ability to bring causes of action against the franchisor in Maryland courts, and waivers of liability. These modifications are crucial for ensuring that the franchise agreement adheres to Maryland's specific legal requirements, providing additional protections and clarity for the developer.