According to the Fitstop agreement, what is necessary to the success of the Franchise?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.2 You shall diligently and fully exploit the rights granted in this Franchise by personally devoting full time and best efforts and, in the case that more than one individual has executed this Franchise as the franchisee, then you shall personally devote full time and best efforts to the operation of the Franchise.You shall keep free from conflicting enterprises or any other activities which would be detrimental to or interfere with the business.
- 21.3 You acknowledge that neither we nor anyone purporting to act for us has made any promises or representations concerning the sales volumes which your Franchise will produce, the profits you will make, your likelihood of success, or any other matter in connection with the proposed Franchise other than those which the Parties set forth in this Agreement and any signed amendments or exhibits or schedules hereto. If we or any of our agents have made such promises, you must ensure that they are set forth in writing in this Agreement or in an amendment, schedule, or exhibit to this Agreement and that we and you sign any such amendment or exhibit. We, in granting this Franchise, are relying on you to see that the Parties reduce to writing all such matters and attach the documentation that describes those representations to this Agreement and to which you considered material to your solicitation. If you do not reduce such representations to writing and attach those documents to this Agreement, you agree that you will not be able to rely in any way on such promises or representations and we will not be bound by them. YOU MUST ENSURE THAT ALL PROMISES AND REPRESENTATIONS FOR PRESENT AND FUTURE RESULTS AND RIGHTS, WHETHER ABSOLUTE OR CONTINGENT, ARE CONTAINED IN THE FRANCHISE AGREEMENT OR THEY MAY BE FOREVER LOST.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, franchisees must diligently and fully exploit the rights granted in the Franchise Agreement. If there is more than one individual executing the Franchise agreement, they must personally devote full time and best efforts to the operation of the Franchise. Franchisees must also remain free from conflicting enterprises or any other activities which would be detrimental to or interfere with the business.
Fitstop emphasizes that neither they nor anyone acting for them has made promises or representations concerning sales volumes, profits, likelihood of success, or any other matter related to the franchise, except as explicitly stated in the Franchise Agreement and any signed amendments, exhibits, or schedules. Franchisees are responsible for ensuring that all promises are documented in writing within the agreement. By granting the franchise, Fitstop relies on the franchisee to ensure that all relevant matters are documented and attached to the agreement.
Fitstop stresses that franchisees must ensure that all promises and representations for present and future results and rights, whether absolute or contingent, are contained in the Franchise Agreement, or they may be permanently lost. This highlights the importance of thorough documentation and understanding of the agreement for prospective Fitstop franchisees.