factual

If the Fitstop franchisee is a business entity, what information must be identified in Schedule 1?

Fitstop Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 10.1 You identify in Schedule 1 to this Agreement the identity of and other necessary information related to your Principals. You certify and warrant that all of the Franchise's owners, shareholders, members, managers, partners, officers, and directors listed in Schedule 1, will execute the Guaranty attached as Schedule 3 to this Agreement, and will execute such other documents as necessary.
  • 10.2 If you are a business entity, then you must: (i) identify each individual or other entity that owns or holds any ownership interest in the Franchisee in Schedule 1 (each, a "Franchise Owner" or "Principal"); and (ii) ensure each Franchise Owner executes the form of Personal Guarantee attached to this Agreement as Schedule 3 (the "Personal Guaranty" or "Guaranty").
  • 10.3 The individual you identify in Schedule 1 as the "Franchise Operator" shall have authority to speak for and bind you in all matters pertaining to the operation of the Franchise.
  • 10.4 You warrant to us that we may rely on the authority of the Franchise Operator until such time as you notify us in writing by a majority vote of those with an ownership interest in the Franchise that you have assigned a different owner with no less than a 25% ownership interest in the "Franchisee" as the Franchise Operator with respect to the Franchised Business.

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

What This Means (2024 FDD)

According to Fitstop's 2024 Franchise Disclosure Document, if the franchisee is a business entity, Schedule 1 to the Franchise Agreement must identify each individual or other entity that owns or holds any ownership interest in the franchisee. These individuals or entities are referred to as "Franchise Owners" or "Principals."

Furthermore, Fitstop requires that each Franchise Owner must execute the form of Personal Guarantee attached to the Agreement as Schedule 3. This Personal Guaranty ensures that individuals with ownership in the franchisee business entity are personally liable for the business's obligations under the Franchise Agreement.

In addition, Schedule 1 must identify the "Franchise Operator," who has the authority to speak for and bind the franchisee in all matters pertaining to the operation of the Fitstop franchise. Fitstop warrants that it may rely on the authority of the Franchise Operator until it receives written notification of a change, voted on by a majority of those with at least a 25% ownership interest in the franchisee.

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.