Are there any contractual limits on Fitstop's right to access data collected by the Required Software?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
iled more fully in Item 6).
We will have independent and electronic access to the information and data collected or generated by the Required Software and other Computer System components. There are no contractual limits on our rights to do so. We may require updates and upgrades to the Computer System and/or Required Software from time to time during the term of the franchise agreement. We require updates and upgrades to your hardware, software and other Computer System components as such become available, at your expense, upon providing you with reasonable advance notice via the Manuals or otherwise in writing (i.e., typically 60 or more days). There are no contractual limitations to the frequency and cost of the obligation to upgrade and maintain these items. With that said, we do not currently have any specific ongoing maintenance and/or support contract requirements other than working with our third-party Approved Supplier for billing/collection and related services. We estimate that you may spend an average of between $500 and $1,500 (per year from the date you acquire the same) on annual updates and maintenance to the Computer System hardware, includin
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 24–35)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, Fitstop has independent and electronic access to information and data collected or generated by the Required Software and other Computer System components. The FDD explicitly states that there are no contractual limits on Fitstop's rights to access this data.
Fitstop may require updates and upgrades to the Computer System and/or Required Software during the franchise term. Franchisees are obligated to implement these updates to their hardware, software, and other Computer System components at their own expense, provided they receive reasonable advance notice, typically 60 or more days, via the Manuals or in writing. The FDD specifies that there are no contractual limitations on the frequency and cost of these required upgrades and maintenance.
While there are no contractual limits on Fitstop's data access or the frequency/cost of required upgrades, Fitstop estimates that franchisees may spend an average of $500 to $1,500 per year on annual updates and maintenance to the Computer System hardware, including non-material upgrades. Franchisees should factor these potential costs and the lack of contractual limitations into their financial planning.