Does Floyds 99 warrant the suitability of an approved site for a Floyds 99 Shop?

According to Floyds 99's 2025 Franchise Disclosure Document, Floyds 99 does not provide any warranty regarding the suitability of a site for a Floyds 99 Shop. While Floyds 99 offers assistance in site selection, the franchisee acknowledges that the franchisor's approval of a site does not constitute a representation or warranty of any kind, either express or implied, regarding the site's suitability. The franchisee is responsible for conducting their own independent investigation to determine if the site is appropriate for their Floyds 99 Shop.

Floyds 99 does provide assistance through a designated site selection service provider, including an on-site visit to the market area to help with space requirements, build-out specifications, and demographic analysis. The franchisee is required to follow Floyds 99's site selection procedures and submit a complete site submittal package with all necessary information for assessment. Floyds 99 states that it will not unreasonably withhold approval of a proposed site that meets all of its selection criteria.

This means that while Floyds 99 offers support and has approval rights over the location, the ultimate responsibility for ensuring the site is viable for a Floyds 99 franchise rests with the franchisee. This is a fairly standard practice in franchising, as local market conditions can vary significantly, and the franchisee is often in the best position to assess the specific opportunities and challenges of a particular location. Prospective franchisees should carefully consider this and conduct thorough due diligence before committing to a site.