Can Bft terminate the Franchise Agreement if uncertified instructors are used?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may, in addition to exercising any of its other rights under this Agreement, terminate this Agreement upon written notice to Franchisee if Franchisee permits the Approved Services to be provided by any individual that does not first complete the Pre-Opening Instructor Training.
If Franchisee fails to comply with the foregoing (or any other material obligation under this Agreement), Franchisor reserves the right to charge Franchisee its then-current non-compliance fee ("Non-Compliance Fee") in each instance.
The Studio must have at least one (1) individual that has completed the Pre-Opening Instructor Training on-site at the Studio at all times when any Approved Services are being provided.
Franchisee must otherwise ensure that: (i) any Pre-Opening Instructor Training held at the Studio is performed in accordance with System Standards; (ii) any individual that participates in the Pre-Opening Instructor Training, successfully completes that program, and passes any test that is provided in connection with the program; and (iii) no personnel provides fitness instruction or other Approved Services at the Studio unless and until such personnel successfully completes the Pre-Opening Instructor Training and passes the corresponding test.
Franchisee agrees that Franchisor, as part of its right to inspect and audit the operations of the Studio on an ongoing basis, may require that Franchisee demonstrate that all required personnel has participated in and successfully completed the Pre-Opening Instructor Training and corresponding test.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft can terminate the Franchise Agreement if uncertified instructors are used. Specifically, if a franchisee allows the Approved Services to be provided by any individual that does not first complete the Pre-Opening Instructor Training, Bft may terminate the agreement with written notice.
To avoid termination, franchisees must ensure all fitness instructors complete the required Pre-Opening Instructor Training. This training can be part of the Initial Training Program or completed later using the System Standards instruction materials and test. The studio must have at least one trained individual on-site at all times when services are provided.
Bft also has the right to inspect and audit studio operations to ensure all personnel have completed the required training and passed the corresponding test. Failure to comply with training requirements, or any other material obligation, allows Bft to charge a non-compliance fee.