Under what conditions is a Fitstop franchisee required to license and use Required Software?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 6.9 Computer System; Required Software. You must at your cost: (1) install and use in the Franchise computer hardware and software which satisfies the functionality and specification requirements specified by us; (2) acquire and maintain software licenses in respect to all Required Software, whether covered by the Technology Fee or otherwise; and (3) change or upgrade any computer hardware or software used in the Franchise which we reasonably consider is obsolete or superseded, including installation of new computer hardware or software which satisfies the then current functionality and specification requirements specified by us.
You must (1) access and use the Required Software and the CMS to operate the Franchise strictly in accordance with our direction; (2) have permanent 24 hour internet access (subject to black out and telecommunication network difficulties); (3) submit reports electronically to us in a format compatible with the Required Software and the CMS; (4) keep the Required Software, the CMS and required computer hardware and electronic equipment secure from unauthorized use and in good working order and repair; (5) ensure that the Required Software, the CMS, and the data uploaded or downloaded thereon, is used only for their authorized purpose and are not modified, altered, varied, changed, copied, reproduced or reverse engineered; (6) comply with all of our reasonable requirements made from time to time relating to the use of Required Software and the CMS; (7) give us access at all times to your Computer System and Required Software, including providing details of any access passwords and other access codes required, to enable us to upload or download information and to monitor and audit the Franchise's data and reports; (8) enter all information onto the Required Software and the CMS as required by us and ensure all information required by us is inputted on receipt of the information as expediently as possible and in any case by 5 p.m. local standard time of the next calendar day of the request; and (9) upgrade the computer hardware and electronic equipment and the Required Software or other software necessary to access the Required Software and the CMS as we reasonably require.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, franchisees are required to install and use computer hardware and software that meets the functionality and specification requirements set by Fitstop. This includes acquiring and maintaining the necessary software licenses for all Required Software, regardless of whether it's covered by the Technology Fee.
Fitstop franchisees must also upgrade their computer hardware or software if Fitstop reasonably considers it obsolete or superseded. This involves installing new computer hardware or software that meets the current functionality and specification requirements. The franchisee is responsible for the costs associated with these installations, licenses, and upgrades.
Furthermore, Fitstop requires franchisees to access and use the Required Software and the CMS (Content Management System) strictly according to Fitstop's directions. This includes maintaining permanent 24-hour internet access, submitting reports electronically in a compatible format, and keeping the software and hardware secure from unauthorized use. Franchisees must also allow Fitstop access to their computer system and Required Software at all times, including providing access passwords, to enable monitoring and auditing of data and reports.