Can Fitstop condition approval of a site on the Lease containing the Prescribed Lease Provisions?

According to Fitstop's 2024 Franchise Disclosure Document, Fitstop may condition its approval of a potential site for a franchised business on the lease containing specific provisions. These provisions, referred to as "Prescribed Lease Provisions," are designated by Fitstop in its manuals.

Before a Fitstop franchisee secures the right to occupy and use a premises, they must ensure the lease integrates these Prescribed Lease Provisions. The lease is subject to Fitstop's review and approval, including any markups or negotiated changes to the provisions. This approval is part of Fitstop's overall right to approve the premises itself.

Fitstop requires franchisees to use their best efforts to negotiate with the landlord to include the Prescribed Lease Provisions, including a collateral assignment of lease in favor of Fitstop in the event the Franchise Agreement or the lease is subject to termination. Fitstop may condition its approval or consent to any site on the lease containing these provisions or substantially similar language that affords Fitstop the rights detailed in the Prescribed Lease Provisions.