What communications must a Fitstop franchisee maintain?
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(2) change or upgrade any telephone and communications systems used in the Franchise which we consider obsolete or superseded, including installation of new telephone and communication systems specified by us; and (3) ensure that all telephone and communications systems are secure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and (3) change or upgrade any computer hardware or software used in the Franchise which we reasonably consider is obsolete or superseded, including installation of new computer hardware or software which satisfies the then current functionality and specification requirements specified by us.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.
- 6.10 Right to Audit and/or Inspect. In addition, we reserve the right to audit your financial information quarterly upon reasonable demand and require that you provide to us on or before April 15 of each year a copy of the Franchise's financial statements, including profit and loss statements, that are reasonably requested by us.
- 6.11 Required Software (including CMS) and Use of Approved Supplier for Billing/Collection and Point of Sale (POS) Software and/or Services. You must at your cost: (1) acquire and install the software necessary to access the CMS, as well as any other cloud-based or other software program, we require you license and/or use in connection with your Franchised Business (collectively, the "Required Software"); (2) pay all fees and costs to our then-current Approved Supplier, for such Required Software; (3) acquire and install all other software required to operate the Franchise as directed by us; and (4) acquire and use computer hardware and other electronic equipment as set forth in the Manual(s) or otherwise in writing, whether prior to opening or thereafter (the "Computer System"); and (5) utilize our then-current Approved Supplier that will (a) provide billing and collection services with respect to all membership fees and other revenue generated by the Franchised Business, and (b) remit the appropriate amounts to you and other System franchisees, less the applicable Royalty Fees, Fund Contributions and other recurring amounts due under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, franchisees must maintain several communication systems and adhere to specific policies. Fitstop requires franchisees to install and use telephone and other communication systems, including point-of-sale hardware and software, as specified by Fitstop. Franchisees are also responsible for upgrading these systems if Fitstop deems them obsolete, ensuring they are secure from unauthorized access, and paying all associated charges. Fitstop can also request the transfer of any communication number.
Fitstop franchisees must install and use computer hardware and software that meets Fitstop's functionality and specification requirements. This includes acquiring and maintaining software licenses for all required software. Franchisees are obligated to upgrade computer hardware or software that Fitstop considers outdated. Additionally, Fitstop has the right to specify the computer hardware or software that franchisees must purchase, potentially directly from Fitstop or designated suppliers.
Fitstop franchisees must adhere to Fitstop's social media policy as described in the manuals. Any proposed social media activity not conforming to the manuals requires prior written approval from Fitstop. Franchisees must comply with Fitstop's directions regarding social media activity and authorize Fitstop to remove any unapproved or unauthorized content. Franchisees are prohibited from disparaging Fitstop or other franchisees on social media and from posting anything that harms the Franchise System's reputation.
Fitstop may establish and operate a Member Loyalty Program, in which franchisees must fully participate. The terms of participation are detailed in the manuals. Franchisees are required to purchase the necessary cards, application forms, and other materials for the Member Loyalty Program from Fitstop. Fitstop retains the discretion to vary the terms of the Member Loyalty Program or withdraw the materials with written notice to the franchisee. Fitstop will provide ongoing consultation to franchisees on operations, advertising, promotion, and administration through scheduled meetings with dedicated business performance coaches, although consultation related to employment practices is excluded.