Can Fitstop require me to assign the lease of the Fitstop premises to them?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 9.3.5 Where you have entered into a lease in respect of the Premises: (1) we may at any time during the Term notify you in writing that we require you to assign the lease of the Premises to us or our nominee; and (2) you must within seven (7) calendar days of such request assign the lease of the Premises to us or our nominee and sign all documents and take all necessary steps to effect the assignment of the lease of the Premises.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, Fitstop has the right to require you to assign the lease of your Fitstop premises to them or their nominee. If Fitstop notifies you in writing that they require you to assign the lease, you must assign the lease within seven calendar days of the request. You are also required to sign all documents and take all necessary steps to complete the assignment.
This provision gives Fitstop significant control over the location of your franchise. If Fitstop wants to take over your location, they can force you to assign the lease to them. This could happen if your location is particularly successful or if Fitstop has another franchisee who wants to operate in your area. It is important to note that you are responsible for securing the lease for the premises initially, and Fitstop must approve the location in writing.
As a prospective Fitstop franchisee, it is crucial to understand this clause and its potential implications. You should carefully consider the risks involved before signing the franchise agreement. You may want to negotiate with Fitstop to limit their ability to force you to assign the lease or to ensure that you are adequately compensated if they do so. It is also important to ensure that the lease contains provisions that protect your interests in the event of an assignment.