Under what conditions can a Floyds 99 franchisee engage in off-premises sales?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisee shall offer all types of services and products, including specific brands, as from time to time may be prescribed by the Franchisor and shall refrain from offering any other types of services or products, including specific brands, or operating or engaging in any other type of business or profession, from or through the FLOYD'S 99 Shop that are not authorized by the Franchisor, including, without limitation, filling "wholesale orders," defined below, or any off-premises, Internet, catalog or mail order sales, without the prior written consent of the Franchisor. "Wholesale Orders" are defined as those orders or sales where the principal purpose of the purchase is for resale, not use, or any sale other than those sold over the counter at a price other than that price charged to the general public; provided, however, that volume discounted sales made on the premises at the Franchised Location to a single purchaser, not for resale, shall not be considered a "wholesale order."
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, franchisees are generally restricted from engaging in off-premises sales. Specifically, franchisees cannot conduct "wholesale orders" or any off-premises, Internet, catalog, or mail-order sales without the prior written consent of Floyds 99. A "wholesale order" is defined as a sale where the primary purpose of the purchase is for resale rather than personal use, or any sale not made over the counter at the standard price offered to the general public.
However, there is an exception to the wholesale order restriction. Volume-discounted sales made on the premises of the franchised location to a single purchaser for their own use (not for resale) are not considered wholesale orders and are therefore permitted.
In summary, a Floyds 99 franchisee can only engage in off-premises sales if they obtain prior written consent from Floyds 99. Otherwise, sales must occur at the franchised location and at the standard retail price, with the exception of on-premises volume discounts for personal use.