Can Fly Fitness act as the franchisee's attorney-in-fact regarding Electronic Advertising and Telephone Listings?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee hereby constitutes and appoints Franchisor and any officer or agent of Franchisor, for Franchisor's benefit under the Franchise Agreement and this Agreement or otherwise, with full power of substitution, as Franchisee's true and lawful attorney-in-fact with full power and authority in Franchisee's place and stead, and in Franchisee's name or the name of any affiliated person or affiliated company of Franchisee, to take any and all appropriate action and to execute and deliver any and all documents that may be necessary or desirable to accomplish the purposes of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness can act as the franchisee's attorney-in-fact. Specifically, the franchisee appoints Fly Fitness or its agent as their attorney-in-fact, granting them the authority to act on the franchisee's behalf to fulfill the agreement's objectives. This includes taking actions and executing documents in the franchisee's name or that of their affiliates. This appointment is for Fly Fitness's benefit under the Franchise Agreement.
This power of attorney is relevant to the franchisee's Electronic Advertising and Telephone Listings. Upon termination of the Franchise Agreement, or even during the agreement at Fly Fitness's request, the franchisee must transfer all rights and interests in their Electronic Advertising and Telephone Listings to Fly Fitness. The franchisee is obligated to direct Internet and Telephone Companies to transfer these listings and execute necessary documents for the transfer. If Fly Fitness does not want the listings, the franchisee must terminate them as directed by Fly Fitness.
Practically, this means that Fly Fitness has the legal authority to manage and transfer the franchisee's online presence and telephone listings related to the Fly Fitness business, especially upon termination of the franchise agreement. This ensures that Fly Fitness maintains control over its brand and online representation. A prospective franchisee should understand that they relinquish control over these assets to Fly Fitness under certain conditions.