Can Body20 unilaterally change the manuals or policies?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
Affiliates (as defined in Recital D) have accumulated knowledge and experience in the personal fitness industry on the basis of which we have developed and will continue to develop a distinctive business format and set of specifications and operating procedures (collectively, the "System") for the operation of fitness training studios that operate under the BODY20® mark ("Studios").
- B. The distinguishing characteristics of the System include, but are not limited to, our Studio designs, layouts, and identification schemes (collectively, the "Trade Dress"); our specifications for equipment, inventory, and accessories; our website or series of websites for the Studios (the "System Website"); our relationships with vendors; our software and computer programs; our online booking system; our reservation procedures; the classes and training sessions (collectively, "Sessions") that you offer to customers; any fitness programs and Sessions that we have developed and continue to develop; the accumulated experience reflected in our training program, operating procedures, customer service standards methods, and marketing techniques; and the mandatory and suggested policies, procedures, standards, specifications, rules, and requirements ("System Standards") set out in our operations manuals ("Manuals") and otherwise in writing. We may change, improve, add to, and further develop the elements of the System from time to time.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to the 2025 Body20 Franchise Disclosure Document, Body20 has the right to modify the System, which includes the manuals and System Standards. Specifically, Body20 retains the right to change, improve, add to, and further develop the elements of the System from time to time. This includes the operating procedures, customer service standards methods, and marketing techniques detailed in the manuals.
This means that as a Body20 franchisee, you must adapt to changes that Body20 implements in its System Standards and Manuals. These changes could affect various aspects of your studio's operations, such as the equipment used, inventory, studio layout, training programs, and marketing strategies. Franchisees are expected to adhere to these changes to maintain uniformity across the Body20 brand.
Furthermore, Body20 has the right to change, discontinue, or substitute any of the Intellectual Property and adopt entirely different or new Intellectual Property for use with the System without any liability to the franchisee, in its sole discretion. Franchisees are responsible for implementing these changes at their own expense within a reasonable timeframe specified by Body20. This could involve additional costs for new equipment, training, or marketing materials. Therefore, it is important for a prospective franchisee to factor in the potential costs associated with these changes when evaluating the Body20 franchise opportunity.