What standards must the Premises comply with for a Fitstop franchise?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
in the Manuals or, in the event no specific timeline is provided therein, not less than once every two (2) calendar weeks;
- 9.5.3.3 provide us with, and receive our consent with respect to, the plans for the build-out including the plans, design, contractors employed, budget and time frame for the completion of the build-out;
- 9.5.3.4 engage competent, licensed contractors to complete the works in a proper and workmanlike manner and in a manner to ensure timely completion of the buildout;
- 9.5.3.5 manage, supervise, and ensure that the buildout is completed by competent, licensed tradesmen in a proper and workmanlike manner;
- 9.5.3.6 secure appropriate insurances in connection with the buildout;
- 9.5.3.7 correct any defects in the buildout;
- 9.5.3.8 ensure the build-out complies with all requirements we specify in the Manual(s) and any government regulatory requirements;
- 9.5.3.9 verify compliance with all laws and regulations that may be imposed by local, state, and federal agencies in relation to the buildout; and
- 9.5.3.10 ensure that you pay any and all amounts due in connection with the buildout and other development activities associated with establishing the Franchised Business at the Premises, which may include amounts due to our Approved Supplier(s) and/or us.
- ©2024 Fitstop USA, Inc. 9.6 Use of Premises. During the Term, the Premises must be used and operated by you exclusively for the purpose of operating the Franchise. You must keep the Premises open to the public and operate the Franchise during the hours set out in the Manual(s) or as prescribed by us in writing from time to time. You must conduct the Franchise only from the Premises and must not change the Premises from which the Franchise is conducted without our prior written consent.
- 9.7 Condition, Maintenance and Refurbishment of Premises and Equipment. You must at all times keep the Premises clean and tidy. At your cost, you shall ensure that the Premises are maintained and equipped according to our specifications. You shall ensure that the Premises and all fixtures, fittings and equipment used in the Franchise comply at all times with our reasonable requirements and professional standards. You shall ensure that the Premises and the equipment are at all times operated and maintained in first class condition and repair including keeping them clean and safe in compliance with the industry standards and you must promptly correct any deviations from those standards. You shall replace flooring as specified by us if we deem it necessary. You shall repair and replace fittings, fixtures, equipment and lighting to comply with: (1) if the Premises are subject to a lease, any requirements under the lease; and (2) our standards of presentation required for all franchises in the network. You shall, in order to maintain the Franchise System and the professional image of the network, refurbish the Premises to our then-current specifications as reasonably requested by us and as stated more fully herein. If the provisions of a lease require you to refurbish the Premises more frequently, you must comply with the lease.
- 9.8 Upgrading Premises, Furniture, Fixture, Equipment ("FFE") and/or Other Required Items. Where reasonably necessary to protect our legitimate commercial interest, we may change any brand standard so as to require an upgrade of the Premises, FFE and/or any other Required Item used to initially build out and equip the Franchised Business. When this occurs, we require you to perform these upgrades at your cost within 180 calendar days of when we notify you of such upgrades via the Manuals or otherwise in writing to similarly-situated System franchisees.
9.9 Relocation.
- 9.9.1 If the lease expires during the Term or is terminated through no fault of you, the Premises are destroyed or are unable to be used for at least 70 consecutive calendar days, or if in our reasonable opinion, there is a change in the character of the location of the Premises which is detrimental to the potential of the Franchise to warrant relocation, then you may nominate new premises, which will be subject to the prior written approval of us or we may endeavor to locate a suitable alternative new Premises.
- 9.9.2 If relocation is approved by us, you must propose a suitable new premises for approval by us by no later than 70 calendar days from the date on which you vacate the Premises.
- 9.9.3 The parties will negotiate and agree in good faith the time in relation to your entering into the lease in respect of the new Premises and relocating the Franchise (including the build-out of the new Premises in accordance with Franchise Agreement).
- 9.9.4 You acknowledge and agree that: (1) compliance with this section is at your sole cost and expense;
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, franchisees must adhere to specific standards for their premises, covering build-out, maintenance, and overall condition. Fitstop requires franchisees to get approval for build-out plans, including designs, contractors, budgets, and timelines. Franchisees must use licensed contractors to complete the work properly and on schedule, manage the build-out, secure appropriate insurance, and correct any defects. The build-out must comply with Fitstop's specifications in the manuals and all government regulations. Franchisees must also verify compliance with all applicable laws and pay all amounts due for the build-out and related activities.
Fitstop franchisees are responsible for maintaining the premises in a clean and orderly condition, equipped according to Fitstop's specifications. The premises and all fixtures and equipment must meet Fitstop's requirements and professional standards, be kept in first-class condition and repair, and comply with industry standards for cleanliness and safety. Franchisees must promptly correct any deviations from these standards and replace flooring as specified by Fitstop. They are also required to repair and replace fittings, fixtures, equipment, and lighting to comply with lease requirements and Fitstop's presentation standards.
To maintain the Fitstop system's image, franchisees must refurbish the premises to Fitstop's current specifications when reasonably requested. Fitstop may also require upgrades to the premises, furniture, fixtures, equipment, or other required items to protect its commercial interests, with franchisees responsible for performing these upgrades within 180 calendar days of notification. Franchisees must operate the franchise exclusively from the approved premises and cannot change the location without Fitstop's prior written consent. Additionally, franchisees must only use approved signs, posters, and advertising materials, maintaining them in good condition, and must not install any unapproved machines or equipment on the premises.