Who bears the cost of installing equipment in the Fitstop Premises?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
and use them for our own benefit or disseminate them for use by other franchisees.
- 6.8 Telephone and Communications Systems. You must, if requested in writing by us at any time during the Term, at your cost: (1) install and use in the Franchise telephone and other communications systems (including point of sale hardware and software) specified by us for the operation of the Franchise; (2) change or upgrade any telephone and communications systems used in the Franchise which we consider obsolete or superseded, including installation of new telephone and communication systems specified by us; and (3) ensure that all telephone and communications systems are secure from unauthorized access or use. You: must (1) pay on time all charges payable to any telecommunications service provider or to any other person in connection with the use of these systems; and (2) change, substitute, or discontinue the use of any communications number when requested by us. We can require you, at any time and for any reason, to execute a transfer of any communications number to be held by us.
- ©2024 Fitstop USA, Inc. 6.9 Computer System; Required Software. You must at your cost: (1) install and use in the Franchise computer hardware and software which satisfies the functionality and specification requirements specified by us; (2) acquire and maintain software licenses in respect to all Required Software, whether covered by the Technology Fee or otherwise; and (3) change or upgrade any computer hardware or software used in the Franchise which we reasonably consider is obsolete or superseded, including installation of new computer hardware or software which satisfies the then current functionality and specification requirements specified by us. For the purposes of this Section, we may, at any time during the Term, require you to purchase computer hardware or license software specified by us directly from us or, subject to law, certain
suppliers which we may approve. You must allow us to have access to your computer hardware and software and to all information that is stored in it including by any instantaneous means of telecommunication or internet protocol, unless prohibited by state or federal law. If we introduce a pointof-sale system, you must install the point-of-sale system approved by us that meets our performance standards. You must permit us or our duly authorized agents at all times, and from time to time, to copy any information contained in your point-of-sale system to a computer system operated by us, our nominee, or agents. You must ensure that connectivity is maintained and available at all times to allow all data generated by the point-of-sale system to be captured by us. If for any reason copying is not possible, then without in any way limiting the obligations herein, we may require you to download the information required by us into machine readable information compatible with the system operated by us.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the franchisee is responsible for the costs associated with equipping and maintaining the premises. Specifically, the franchisee must ensure the premises are maintained and equipped according to Fitstop's specifications, and all equipment must comply with Fitstop's requirements and professional standards. This includes keeping the premises and equipment in first-class condition and repair.
The franchisee is also responsible for correcting any deviations from these standards and replacing flooring as specified by Fitstop if deemed necessary. Additionally, the franchisee must repair and replace fittings, fixtures, equipment, and lighting to comply with lease requirements and Fitstop's presentation standards.
Furthermore, Fitstop may require upgrades to the premises, furniture, fixtures, equipment, or other required items to protect its commercial interests. The franchisee is responsible for performing these upgrades at their own cost within 180 calendar days of notification from Fitstop. This extends to telephone and communication systems, computer hardware and software, all of which are to be installed and upgraded at the franchisee's expense according to Fitstop's specifications.