Does the United States Trademark Act of 1946 govern any part of the Floyds 99 agreement?

Based on the 2025 Floyds 99 Franchise Disclosure Document, the franchise agreement is subject to both state and federal laws. Specifically, the document states that if any terms regarding termination or expiration are inconsistent with applicable state or federal law, then the state or federal law will govern the franchisee's rights regarding termination or expiration of the agreement.

This means that franchisees should be aware of both federal and state laws that may impact their franchise agreement, particularly concerning termination and expiration rights. It is important for prospective franchisees to understand that certain state laws, such as those in Minnesota, Rhode Island, Virginia, and Washington, provide specific protections and rights that may supersede the standard terms of the franchise agreement. For example, some states may require longer notice periods for termination or non-renewal, or may prohibit certain clauses related to litigation or waivers of rights.

Therefore, a Floyds 99 franchisee needs to be aware of the interplay between the franchise agreement and any relevant state and federal laws. Consulting with an attorney who is experienced in franchise law is essential to ensure full comprehension of these rights and obligations. This will help the franchisee make informed decisions and protect their interests throughout the duration of the franchise agreement.