Is Body20 responsible for damages the franchisee sustains as a result of Body20's actions to protect the Body20 system and marks?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Company will have the right, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the BODY20® system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the BODY20® trade dress upon the Franchise Agreement's expiration or termination. Neither Company nor Landlord will be responsible to Franchisee for any damages Franchisee might sustain as a result of action Company takes in accordance with this provision. Company will repair or reimburse Landlord for the cost of any damage to the Premises' walls, floor or ceiling that result from Company's removal of trade dress items and other property from the Premises.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, Body20 is not responsible for damages the franchisee sustains as a result of actions Body20 takes to protect the Body20 system and marks. Specifically, Body20 has the right to enter the franchisee's premises to make modifications or alterations necessary to protect the Body20 system and marks.
This means that Body20 can enter the franchisee's studio to make changes they deem necessary to maintain the standards and integrity of the Body20 brand. However, the franchisee bears the risk of any damages they incur as a result of these actions. This could include, for example, disruption to business operations or damage to property.
However, Body20 will repair or reimburse the landlord for the cost of any damage to the premises' walls, floor, or ceiling that result from Body20's removal of trade dress items and other property from the Premises. This provision appears to protect the landlord's property, not the franchisee's business interests or other property.