Does the Fly Fitness agreement allow for execution in multiple counterparts?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which when so executed shall be an original, and all of which shall constitute one and the same instrument.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the Multi-Unit Development Agreement allows for execution in multiple counterparts. Specifically, the agreement states that it may be executed in multiple counterparts, and each of these, when executed, is considered an original. All the counterparts together will constitute one and the same instrument.
This means that Fly Fitness and the developer can sign separate copies of the agreement, and each signed copy will have the same legal effect as if both parties signed the same physical document. This is a common practice in franchise agreements as it allows for easier and faster execution, especially when the parties are geographically separated.
For a prospective Fly Fitness developer, this clause simplifies the signing process. They do not need to be in the same location as Fly Fitness to finalize the agreement. Each party can sign their respective copy and then exchange them, either physically or electronically, to complete the execution.