Where are the Approved Services for a Fitstop franchise specified?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
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Section 1: Background
- 1.1 We have the right to license and we administer a system (the "Franchise System") that offers and awards franchises (the "Franchise") for the right to indepenedently own and operate a fitness facility (each, a "System Business") that features, offers, sell and/or provides: (i) membership-based and other fitness classes combining strength training, nutritional information and other fitness-related instruction and training; (ii) access to various fitness and gym equipment; (iii) group fitness training and any other services that we designate or authorize in our proprietary manual(s) (the "Manual(s)") and/or otherwise in writing (collectively with subparts (i)-(ii), the "Approved Services"); and (iv) any fitness apparel, merchandise, nutritional items, branded and/or privately-labeled retail items that we designate or otherwise approve in writing (collectively, the "Approved Products").
- 1.2 Each System Business is authorized to operate (a) under the then-current proprietary marks, logos, associated taglines, names and/or trade dress that we designate now or in the future, including our current primary mark FITSTOP® (collectively, the "Proprietary Marks"), and (b) the system that we and our affiliates have developed for use in connection with the establishment of a System Business (the "System").
- 1.3 Based on the financial and/or other representations you made in your franchise application package and subsequent correspondence, upon which we have materially and reasonably relied, we are willing to award you the right to own and operate a franchised System Business (the "Franchised Business") from a specifc location that you propose and we approve (the "Premises"), subject to and in accordance with the terms and conditions set forth in this Agremeent.
- 1.4 You agree and acknowledge that: (i) you will pay all fees and other amounts payable by you as set out in this Agreement as and when required in connection with the Franchised Business; and (ii) the payments of any amounts to us constitute reasonable consideration for the franchise and other rights you are awarded in connection with your Franchised Business during the term hereof.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the Approved Services are specified in the Manuals and/or otherwise in writing. These services include: membership-based and other fitness classes combining strength training, nutritional information, and other fitness-related instruction and training; access to various fitness and gym equipment; and group fitness training.
Fitstop franchisees are only allowed to offer and provide Approved Services as specified in the Manuals. They cannot offer other services or products at the Premises or in connection with the Franchised Business unless Fitstop agrees in writing. Franchisees must promote and provide the services in accordance with the Franchise System, the Manuals, and Fitstop's written directions.
Fitstop retains the right to add to or delete from the range of services offered. If a service is deleted, franchisees must immediately stop offering it. Franchisees must also market, promote, and provide the services in a proper and professional manner, conforming to applicable standards, statutory requirements, and other requirements communicated by Fitstop in writing.