What is the 'Premises' in the context of a Fitstop franchise?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
2.1 Franchise Award; Approved Premises. We award you the right, and you undertake and accept the obligation, to independently own and operate the Franchised Business from the location you propose, we approve and you secure in accordance with the terms of this Agreement (the "Premises"). You
acknowledge that the rights granted in this Agreement only award you the right to: (i) operate the Franchised Business in accordance with our System standards and specifications from the specific Premises that we approve in writing; and (ii) market, advertise and promote the Franchised Business within the geographical area we designate in Schedule 2 to this Agreement (your "Designated Territory"). The Premises, once approved by us and secured by you, will be set forth in the Data Sheet attached as Schedule 1 to this Agreement (the "Data Sheet").
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the 'Premises' refers to the specific physical location from which a franchisee is authorized to operate their Fitstop business. Fitstop must approve this location in writing, and the franchisee must secure it according to the terms of the Franchise Agreement. The approved Premises will then be detailed in the Data Sheet, which is attached as Schedule 1 to the agreement.
The franchisee's rights are limited to operating the Franchised Business in accordance with Fitstop's System standards and specifications specifically from the approved Premises. They are also granted the right to market, advertise, and promote the business within a designated geographical area, known as the 'Designated Territory,' which is outlined in Schedule 2 of the agreement. Unless otherwise agreed in writing by Fitstop, all Approved Services and Approved Products must be provided at and from the approved Premises.
Fitstop retains certain rights, including the right to approve any relocation of the Premises. If the lease expires, the premises are unusable for a significant time, or there's a detrimental change in the location's character, the franchisee may nominate a new premises, subject to Fitstop's approval. The franchisee is responsible for all costs associated with relocation and must ensure the new premises conform to Fitstop's image and standards. The franchisee must also use the premises exclusively for operating the Fitstop franchise and keep it open during the hours specified in the Manuals.