What is the role of the 'Shopping Center' in relation to the Floyds 99 Premises?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
plan of franchising, and Landlord shall not be entitled to any consideration or additional rent as a result of any fees paid to Franchisor by franchisee pursuant to the Lease or otherwise.
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- NOTICE TO FRANCHISOR. Prior to the enforcement of any remedies under the Lease, Landlord agrees to provide Franchisor with written notice of Tenant's default under the Lease. Franchisor shall have ten (10) days after such notice to cure monetary defaults and thirty (30) days after such notice to cure non-monetary defaults. Notice to Franchisor shall be addressed as follows:
Floyd's 99 Franchising, LLC Attn: Leasing/Real Estate 7900 E. Berry Place Greenwood Village, CO 80111
Franchisor shall have the right, but not the obligation, to succeed to Tenant's rights upon Tenant's default by taking an assignment of Tenant's interest under this Lease and curing such default.
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- NO RADIUS CLAUSE. Any radius restriction in the Lease related to Tenant or the operation of a FLOYD'S 99 barbershop shall be null and void.
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- NO RELOCATION CLAUSE. Any right in the Lease which allows Landlord to relocate Tenant is hereby deleted.
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- EXCLUSIVE. Throughout the Term, as it may be extended under the terms of this Lease, Tenant shall have the exclusive right in the Shopping Center to operate a retail hair care business which provides hair care services and sells related hair care products. Landlord agrees that it shall not enter into any lease of space or permit any tenant to sublease or assign its lease, or sell any premises, within the Shopping Center or on any adjacent land owned or controlled by Landlord or its partners, to a person or entity with the following use: (i) a retail hair care business deriving more than 5% of its gross sales from the sale of haircuts or hair care products;
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 FDD, the shopping center plays a significant role in defining the operational environment of a Floyds 99 barbershop. Floyds 99 seeks to secure exclusive rights within the shopping center to operate a retail hair care business, preventing the landlord from leasing space to direct competitors. This exclusivity extends to prohibiting other tenants within the shopping center from deriving more than 5% of their gross sales from haircuts or hair care products.
Floyds 99 aims to maintain control over key lease terms to protect its franchisees. Specifically, any radius restrictions in the lease that might limit the franchisee's operational scope are rendered void. Similarly, any clauses that would allow the landlord to relocate the Floyds 99 shop are deleted, ensuring the franchisee's stability within the agreed-upon location.
Floyds 99 also ensures that franchisees have the right to display the brand's trade and service marks, subject to legal provisions, and allows for the display of promotional banners like "Coming Soon," "Now Hiring," or "Grand Opening" during the initial period leading up to and following the shop's opening. These stipulations aim to maximize brand visibility and attract customers to the new location within the shopping center.