Does Fitstop have to approve the premises lease in writing before I secure it?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 9.3.1 You are solely responsible for locating, proposing and securing a lease for the Premises we approve in writing prior to you securing the right to occupy and use such Premises for purposes of developing and operating the Franchised Business.
- 9.3.2 You must ensure that the lease for the Premises (the "Lease") contains and integrates the provisions and covenants set forth in this Section or that we designate in the Manuals at any time prior to you securing any Premises (the "Prescribed Lease Provisions"), with said Lease subject to our review and approval with respect to any markup or negotiated changes to said provisions as part of our overall right to approve the Premises itself.
- 9.3.3 You must perform and observe at all times the terms (including conditions and covenants) of any lease or other agreement affording you access to and use of the Premises.
- 9.3.4 You will be liable to pay all amounts owing in connection with the Lease and Premises governed thereby, and your failure to cure any defaults you have with respect to Tenant's (or its guarantors) monetary or non-monetary obligations under the Lease within the applicable cure periods set forth therein shall constitute a material default and, if the Lease is terminated or subject to termination, grounds for immediate termination of this Agreement by us upon written notice to you.
- 9.3.5 Where you have entered into a lease in respect of the Premises: (1) we may at any time during the Term notify you in writing that we require you to assign the lease of the Premises to us or our nominee; and (2) you must within seven (7) calendar days of such request assign the lease of the Premises to us or our nominee and sign all documents and take all necessary steps to effect the assignment of the lease of the Premises.
- 9.4 Prescribed Lease Terms. You must use your best efforts to negotiate with the landlord that owns or controls the Premises to integrate the Prescribed Lease Provisions, including a collateral assignment of lease in favor of us in the event this Agreement or the Lease is subject to termination, as specifically set forth in our then-current Manual(s). We may condition our approval or consent to any site you propose as a potential Premises for your Franchised Business on the Lease containing such provisions or substantially similar language affording us the rights detailed in our Prescribed Lease Provisions at the time of such proposal.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, you are responsible for finding a location and securing a lease, but Fitstop must approve the premises in writing before you finalize the lease. Specifically, you must get written approval from Fitstop before securing the right to occupy and use the premises for your Fitstop franchise.
Fitstop also requires that specific provisions and covenants are included in the lease, as outlined in the FDD or the Manuals. These lease provisions are subject to Fitstop's review and approval, especially regarding any changes made during negotiations. Fitstop may also require a collateral assignment of lease in their favor, which would be detailed in the Manuals.
If you don't meet these requirements, Fitstop can condition their approval of your proposed site until the lease contains the necessary provisions that protect their interests. You are responsible for ensuring the lease terms are followed and for paying all associated costs. Failure to comply with the lease terms can lead to the termination of your Fitstop Franchise Agreement.