Upon termination or expiration of the Floyds 99 franchise agreement, what is the franchisee prohibited from doing regarding the brand's identity?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- b.
Cease to identify itself as a FLOYD'S 99 franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor's trade secrets, signs, symbols, devices, trade names, trademarks or other materials;
- c.
If the Franchisor does not exercise its option to purchase described in Section 20.3 above, cease to identify the Franchised Location as being, or having been, associated with the Franchisor and, if deemed necessary by the Franchisor, paint or otherwise change the interior and exterior of the Barbershop to distinguish it from a FLOYD'S 99 Shop and immediately cease using any proprietary mark of the Franchisor or any mark in any way associated with the Marks and Licensed Methods;
- d.
Deliver to the Franchisor all signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
- e.
Immediately deliver to the Franchisor the Operations Manual and all other information, software, documents and copies thereof which are proprietary to the Franchisor, including but not limited to, all client lists and related client information contained in computer databases or otherwise;
- f.
Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
- g.
Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mark and to authorize transfer thereof to the Franchisor or its designee.
The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any Mark.
The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee's attorney-in-fact, to direct the telephone company and all telephone directory
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, a franchisee is prohibited from several activities related to the brand's identity. Specifically, the franchisee must cease identifying themselves as a Floyds 99 franchisee or publicly presenting themselves as a former franchisee. They are also barred from using any of Floyds 99's trade secrets, signs, symbols, devices, trade names, trademarks, or other proprietary materials.
Furthermore, if Floyds 99 does not exercise its option to purchase the franchise location, the franchisee must stop identifying the location as being associated with Floyds 99. If deemed necessary by Floyds 99, the franchisee is obligated to alter the interior and exterior of the barbershop to clearly differentiate it from a Floyds 99 shop. The franchisee must also immediately stop using any proprietary mark associated with Floyds 99's Marks and Licensed Methods.
In addition to these restrictions, the franchisee is required to return all signs, advertising materials, forms, and other materials bearing any of the Floyds 99 marks. They must also deliver the Operations Manual and all other proprietary information, including client lists and related client information, to Floyds 99. The franchisee must cancel any fictitious or assumed names registrations related to the use of any Marks under Floyds 99's exclusive control or assign them to Floyds 99 at their option. Finally, the franchisee must notify the telephone company and directory publishers about the termination of their right to use any telephone number or directory listings associated with any Mark and authorize the transfer of these to Floyds 99.