What is the subject of the Rider to the Development Agreement for Floyds 99?
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 shall be added at the end of Section 8.2.f.: | |
| 687.5 be satisfied. | Provided however, that all rights enjoyed by the Franchisee and any causes of action arising in the Franchisee's favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provision of GBL 687.4 and | |
| 2. | Section 8.6 is deleted and the following is inserted in its place: | |
| Franchisor's obligations under this Agreement. | This Agreement is fully assignable by the Franchisor and shall inure to the benefit of any assignee or other legal successor in interest, and the Franchisor shall in such event be fully released from the same, provided no assignment shall be made except to an assignee who, in the Franchisor's good faith judgment, is willing and able to assume the | |
| 3. | The following shall be added at the end of Section 9.1: | The Developer may terminate the Agreement upon any grounds available by law. |
| 4. wrongs committed by the Franchisor. | After the first sentence of Section 10.3, the following sentence shall be added: However, the Developer shall not be required to indemnify the Franchisor for any liabilities which arose as a result of the Franchisor's breach of this Agreement or other civil | |
| 5. | The following shall be added to Section 13.4: | |
| General Business Law. | However, the foregoing choice of law shall not be considered a waiver of any right conferred upon the Developer by the provisions of Article 33 of the New York State | |
| written. | IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this New York 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 Floyds 99's 2025 Franchise Disclosure Document, the excerpts provided include multiple Riders to the Development Agreement. These Riders address specific legal considerations and modifications to the standard Development Agreement, tailored to the laws of certain states. Each Rider is identified by the state it pertains to, such as a "New York Rider," a "Minnesota Rider," and an "Illinois Rider."
The New York Rider includes modifications related to the General Business Law of the State of New York, particularly concerning non-waiver provisions and franchisees' rights. It also addresses the franchisor's assignment rights, termination rights available to the developer, and indemnification. The Minnesota Rider includes modifications concerning franchisee termination and non-renewal rights under the Minnesota Franchise Act, litigation conduct, jury trial waivers, and injunctive relief.
The Illinois Rider modifies the governing law, consent to venue and jurisdiction, and the deferral of development fees based on Illinois regulations. It also addresses the developer's rights upon termination and non-renewal, stipulations binding persons to waive compliance with Illinois franchise law, and the effect of statements or questionnaires signed by franchisees. These Riders ensure that the Development Agreement complies with specific state laws and protects the rights of the developer (franchisee) within those jurisdictions.