What actions can Fly Fitness take as attorney-in-fact for the franchisee 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 is granted power of attorney to act on behalf of the franchisee concerning Electronic Advertising and Telephone Listings. This means Fly Fitness can take any appropriate action and execute any documents deemed necessary or desirable to fulfill the agreements related to the franchise. This power of attorney is for Fly Fitness's benefit under the Franchise Agreement.
Specifically, Fly Fitness can direct internet service providers, domain name registries, internet search engines, and other listing agencies to transfer the franchisee's interest in Electronic Advertising and Telephone Listings to Fly Fitness. If Fly Fitness does not want to accept these listings, it can direct the relevant companies to terminate them or take other actions as directed by Fly Fitness. This ensures that Fly Fitness maintains control over the brand's online presence and telephone listings, especially upon termination of the franchise agreement.
This arrangement is designed to protect Fly Fitness's brand and ensure consistency across all franchise locations. For a prospective franchisee, this means that upon termination of the agreement, they will be required to transfer all rights and interests in their online presence and telephone listings to Fly Fitness. It is important for franchisees to understand the implications of this power of attorney and how it affects their ability to control their online and telephone presence, particularly when the franchise agreement ends.