edge_case

What happens if a Fitstop franchisee fails to make timely payments to Approved Suppliers?

Fitstop Franchise · 2024 FDD

Answer from 2024 FDD Document

Fee, Local Marketing Requirement and/or other marketing/advertising and/or promotional expenditures, to the extent such amounts are payable to us and/or any of our Approved Suppliers.

  • 13.8 Other Amounts Payable to Third-Party Approved Supplier(s) and/or Otherwise in Connection with the Franchised Business. You must ensure that timely payment is made with respect to all amounts due and owing to: (i) any designated or other Approved Supplier for Required Items (products or services) that we designate in our Manuals or otherwise in writing, including our then-current Approved Supplier for merchant processing services, consistent with the applicable Approved Supplier's invoicing, terms and conditions; and (ii) any other third-party landlord, supplier, provider or other vendor that has been used or engaged by you in connection with the establishment and/or ongoing operation of the Franchised Business.
  • 13.9 Related Acknowledgements. The parties acknowledge and agree that (i) all payments made by members in respect of Approved Products and/or Approved Services which you provide to members from your Franchise must be processed through our online ordering system via our website or our application; (ii) we may, in our reasonable discretion, allocate discounted or free memberships to members who work at our headquarters, other team members, corporate partners, athletes and ambassadors and sponsors of our brand; (iii) there is no exclusivity of members and members may openly choose to deal with any franchisee, regardless of the member's location;

Source: Item 23 — RECEIPTS (FDD pages 50–135)

What This Means (2024 FDD)

According to Fitstop's 2024 Franchise Disclosure Document, franchisees must ensure timely payments to designated or other Approved Suppliers for Required Items. This includes adhering to the Approved Supplier's invoicing terms and conditions. Additionally, franchisees must make timely payments to any third-party landlord, supplier, provider, or other vendor engaged in the establishment and/or ongoing operation of the Franchised Business.

If a Fitstop franchisee fails to pay any amounts due to an Approved Supplier within the specified time periods, or after receiving written notice that such amounts are overdue, Fitstop can terminate the Franchise Agreement. However, termination is not immediate. Fitstop will submit a notice of violation to the franchisee, providing 30 calendar days to cure the violation.

If the franchisee does not correct the payment default within the 30-day cure period, Fitstop can terminate the Franchise Agreement without further notice. This emphasizes the importance of maintaining good financial standing with Approved Suppliers to avoid potential business disruption and franchise termination. Franchisees should establish clear payment schedules and maintain open communication with suppliers to prevent late payments and potential violations of the Franchise Agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.