Under the Floyds 99 agreement, what is the Developer certifying, representing, and warranting regarding Anti-Terrorism Laws?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
10.4 Anti-Terrorism Representation.
Developer and its principal shareholders, members or owners ("principals") agree to comply with or to assist Franchisor to the fullest extent possible in Franchisor's efforts to comply with Anti-Terrorism Laws (as defined below).
In connection with such compliance, Developer and its principals certify, represent, and warrant that none of their respective property or interests are subject to being "blocked" under any of the Anti-Terrorism Laws and that neither Developer nor any of its principals are otherwise in violation of any of the Anti-Terrorism Laws.
For the purposes of this Section, the term "Anti-Terrorism Laws" shall mean Executive Order 13224 issued by the President of the United States ("Executive Order 13224"), the Terrorism Sanctions Regulations (Title 31, Part 595 of the U.S.
Code of Federal Regulations), the Foreign Terrorist Organizations Sanctions Regulations (Title 31, Part 597 of the U.S.
Code of Federal Regulations), the Cuban Assets Control Regulations (Title 31, Part 515 of the U.S.
Code of Federal Regulations), the USA PATRIOT Act, and all other present and future federal, state and local laws, ordinances, regulations, policies, lists and any other requirements of any governmental authority (including, without limitation, the United States Department of Treasury Office of Foreign Assets Control, and any other government agency with jurisdiction over the parties to this Agreement or their actions) addressing or in any way relating to terrorist acts or acts of war.
Developer and its principals certify that none of them, their respective employees, or anyone associated with any of them is listed in the Annex to Executive Order 13224 (the "Annex"), which is available at: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx.
Developer agrees not to knowingly hire any individual who is listed in the Annex (or, if he or she is already employed, retain the employment of that individual).
Developer also agrees not to knowingly: (a) establish a new relationship with a person as an employee, principal, banker, or otherwise who is listed in the Annex (whether or not Franchisor has consented to a transfer involving such new principal); and (b) maintain a business relationship (whether with an employee, principal, banker, or otherwise) with a person who is added to the Annex.
Developer certifies that it has no knowledge or information that, if generally known, would result in Developer or its principals, its employees, or anyone else associated with Developer to be listed in the Annex.
Developer understands that it is solely responsible for ascertaining what actions it must take to comply with the Anti-Terrorism Laws.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, the Developer and its principal shareholders, members, or owners must comply with Anti-Terrorism Laws. As part of this compliance, the Developer certifies, represents, and warrants that none of their property or interests are subject to being "blocked" under any Anti-Terrorism Laws. They also confirm that neither the Developer nor its principals are in violation of any Anti-Terrorism Laws.
The term "Anti-Terrorism Laws" includes Executive Order 13224, Terrorism Sanctions Regulations, Foreign Terrorist Organizations Sanctions Regulations, Cuban Assets Control Regulations, the USA PATRIOT Act, and all other present and future federal, state, and local laws related to terrorist acts or acts of war. The Developer also certifies that none of them, their employees, or anyone associated with them is listed in the Annex to Executive Order 13224, which is accessible via a provided URL.
Furthermore, the Developer agrees not to knowingly hire anyone listed in the Annex or retain their employment if already hired. They also agree not to establish new relationships with individuals listed in the Annex or maintain business relationships with anyone added to the Annex. The Developer also certifies they have no knowledge that would result in them or their principals, employees, or associates being listed in the Annex. The FDD stipulates that the developer is responsible for understanding and adhering to Anti-Terrorism Laws, and any misrepresentation or violation can lead to immediate termination of the agreement.