factual

Are there any third-party beneficiaries to the Floyds 99 Franchise Agreement?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

From time to time, the Franchisor shall have the right to delegate the performance of any portion or all of its obligations and duties hereunder to third parties, whether the same are agents of the Franchisor or independent contractors which the Franchisor has contracted with to provide such services.

Source: Item 22 — CONTRACTS (FDD pages 57–58)

What This Means (2025 FDD)

Based on the 2025 Floyds 99 Franchise Disclosure Document, the franchise agreement outlines various relationships with third parties but does not explicitly name any third-party beneficiaries. Floyds 99 retains the right to delegate its obligations to third parties, such as agents or independent contractors, for the performance of services. This means Floyds 99 can contract with outside entities to fulfill its duties under the agreement.

Floyds 99 is not liable for the franchisee's obligations to third parties, including lenders, vendors, or government agencies, for taxes or other liabilities. The franchisee is responsible for indemnifying Floyds 99 and its affiliates against claims arising from the franchisee's operations, including those related to labor law violations or non-compliance with regulations. This indemnification extends to the Indemnified Parties, which include Floyds 99's subsidiaries, parents, shareholders, directors, and employees.

While the agreement discusses third-party vendors and the potential for franchisees to enter agreements with them (e.g., for gift card programs), it does not grant any explicit rights or benefits to these third parties that would qualify them as third-party beneficiaries. The franchisee is generally responsible for managing relationships with these vendors and ensuring compliance with any related agreements. Prospective franchisees should seek clarification from Floyds 99 regarding any specific third-party relationships that could materially affect their operations or financial obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.