Are the Fitstop Manual(s) in effect considered part of the Franchise Agreement?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 20.2 This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous, oral or written, agreements or understandings of the parties. Nothing in this Agreement or in any related agreement, however, is intended to disclaim the representations made in the Franchise Disclosure Document furnished to Franchisee. Only the terms of this Agreement (including the Manual(s)) are binding (subject to state law). Any other promises may not be enforceable.
Section 5: Operations Manual and Other Manuals; Related Provisions
- 5.1 We have expended significant time and resources developing operating procedures, methods, techniques, and or processes that are not generally known to the public that are critical to the Franchise System. We convey this information to you through multiple methods including through our manuals including, but not limited to, the Manual(s).
- 5.2 We will provide you with access to the Manual(s). You agree to review, adopt, and exclusively use the operating procedures, methods, techniques, and processes of the Manual(s) as it exists now and as we may modify from time to time. It is your responsibility to ensure that you are operating in accordance with the then current operating procedures, methods, techniques and processes of the Manual(s).
- 5.6 You acknowledge that we own all proprietary rights in and to the Manual(s), in its entirety, and that the Manual(s) is confidential and includes our trade secrets. Without our prior written consent, you shall not disclose the information in the Manual(s) to any person, except employees of the Franchise for purposes related solely to the operation of the Franchise, nor shall you reprint or reproduce the Manual(s), in whole or in part, for any purpose except in connection with instruction of employees in the operation of the Franchise. You acknowledge that the Manual(s) and information in the Manual(s) that we may proivde to you or your employees will at all times be and remain our sole property.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the Manual(s) are considered part of the Franchise Agreement. Specifically, the agreement states that only the terms of the agreement, including the Manual(s), are binding, subject to state law. This means that franchisees are legally obligated to adhere to the guidelines and procedures outlined in the Fitstop operations manual.
Fitstop conveys operating procedures, methods, and techniques critical to the franchise system through various methods, including the Manual(s). Franchisees must review, adopt, and exclusively use the operating procedures, methods, techniques, and processes of the Manual(s), as it exists now and as Fitstop may modify it from time to time. It is the franchisee's responsibility to ensure they are operating in accordance with the current Manual(s).
Fitstop retains ownership of all proprietary rights in the Manual(s), considering it confidential and including trade secrets. Franchisees cannot disclose the information in the Manual(s) to any person, except employees of the Franchise for purposes related solely to the operation of the Franchise, nor can they reprint or reproduce the Manual(s), in whole or in part, for any purpose except in connection with instruction of employees in the operation of the Franchise. The Manual(s) and information in the Manual(s) that Fitstop provides to franchisees or their employees will at all times be and remain Fitstop's sole property.
This inclusion of the Manual(s) in the Franchise Agreement is a common practice in franchising, ensuring standardization and quality control across all franchise locations. Prospective Fitstop franchisees should carefully review the Manual(s) to fully understand their operational obligations and the standards they must uphold.