Is a Fitstop franchisee required to ensure instructors meet the 'Instructor Criteria'?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
ments affecting the Franchise and of any government orders, the reasons therefore, and the corrective action taken or to be taken by you.
- 11.4.8 You must ensure that any fitness training, classes and/or other instruction, as well as certain other Approved Services involving fitness instruction, are only peformed and provided by an individual that has completed the Instructor Training and meets all other criteria to serve as an Authorized Instructor (the "Instructor Criteria") as set forth in the Manuals or otherwise in writing.
- 11.5 You agree that we may change the Franchise System including, without limitation, brand standards, the adoption and use of new or modified trademarks and service marks, Confidential Information, products, and services. You agree to be bound by these changes and promptly comply with all such additions, modifications, and changes at your sole cost and expense except as this Agreement otherwise permits herein.
Section 12: Required Items, Approved Suppliers and Related Obligations
- 12.1 Required Items. Unless we agree otherwise in a separately-signed writing, you must acquire and/or license and/or lease: (i) the furniture, fixtures, equipment, supplies, inventory, Required Software and services we designate in the Manuals or otherwise in writing to (a) build-out and otherwise establish the Franchised Business at the Premises, and (b) operate that Franchised Business on an ongoing basis (collectively, the "Required Items"), in accordance with our then-current System standards and specifications; and (ii) such Required Items from the Approved Supplier, if any, we designate in our Manuals or otherwise in writing.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, franchisees must ensure that anyone providing fitness training, classes, or other instruction as an Approved Service meets the 'Instructor Criteria'. These criteria are detailed in the Fitstop manuals or other written materials.
Fitstop also specifies that any individual performing these services must complete the Instructor Training. Initially, Fitstop provides tuition-free Instructor Training for up to five prospective Authorized Instructors when the Franchised Business opens. For any replacement or new personnel, the franchisee must notify Fitstop in writing and ensure they complete the Instructor Training before providing any Approved Services. Fitstop may charge a Training Fee for such additional training.
Failure to ensure instructors meet the criteria and complete the required training can lead to serious consequences. Specifically, if a franchisee permits unauthorized individuals to provide fitness training, classes, or other instruction, it constitutes a breach of the franchise agreement. This breach can result in Fitstop terminating the agreement if not corrected, highlighting the importance of adhering to these requirements.