Does Fitstop have the right to require franchisees to use updated advertising materials?

According to Fitstop's 2024 Franchise Disclosure Document, Fitstop retains the right to revise its System and copyrighted materials, which includes advertising materials. Fitstop can require franchisees to cease using outdated copyrighted material. The franchisee is responsible for the costs of printing any revised or new advertising, marketing, or other business materials. This means that Fitstop franchisees must stay current with the latest advertising and marketing materials and be prepared to invest in new materials when Fitstop updates its System.

This requirement is typical in franchising, as franchisors need to maintain brand consistency and ensure that all franchisees are using the most effective marketing strategies. Fitstop's control over advertising materials helps maintain a consistent brand image and ensures that all locations are promoting the brand in a unified way.

Fitstop also considers all confidential information and know-how relating to the administration and operation of a Fitstop franchised business including all systems, processes, procedures, software, databases, logos, manuals, advertising information and promotional materials as Confidential Information. This extends to any copyright material in any operations manual, training manuals, program manuals, advertising and promotional materials used in connection with a Fitstop franchised business and in any other documents, forms, manuals, policies, processes, prescribed standards of conduct, software and materials including, in particular, the contents of the Franchise Agreement.

If a franchisee, their employees, or principals develop any new concept, process, or improvement in the operation or promotion of any System Business, they must promptly notify Fitstop and provide all necessary related information, without compensation. Any such new concept, process, or improvement becomes Fitstop's sole property, and Fitstop will be the sole owner of all related intellectual property rights. This includes the right to modify such concept, process, or improvement. Franchisees must assist Fitstop in obtaining and enforcing intellectual property rights to any such concept, process, or improvement.