Under what circumstances must a Floyds 99 franchisee modify or discontinue the use of the Marks?

According to the 2025 Floyds 99 Franchise Disclosure Document, a franchisee must modify or discontinue their use of the Marks if Floyds 99 requires them to do so. This modification or discontinuance is at the franchisee's own expense. The Marks refer to the service mark "FLOYD'S 99" and other trademarks, service marks, and commercial symbols that Floyds 99 authorizes the franchisee to use.

This requirement gives Floyds 99 significant control over its brand and how it is presented to the public. It also means that a franchisee might have to invest additional funds to comply with any changes Floyds 99 deems necessary for the Marks. This could include updating signage, marketing materials, or other branded items.

Furthermore, the FDD specifies how franchisees can use the Marks. Franchisees cannot use any Mark as part of any corporate or trade name or with any prefix, suffix, or other modifying words, terms, designs or symbols (other than logos licensed to you), or in any modified form. Nor may a franchisee use any Mark to identify unauthorized services or products or in any other manner not expressly authorized in writing by Floyds 99. This is a fairly standard clause in franchise agreements, as franchisors need to maintain tight control over their brand to ensure consistency and quality across all locations.