Does the Fly Fitness agreement specify that the developer will have access to the Manual?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
| l Year | Projected New Company Owned Outlets in the Next Fiscal Year | ||
|---|---|---|---|
| Colorado | 1 | 0 | 0 |
| Nebraska | 0 | 1 | 0 |
| Total | 1 | 1 | 0 |
RECITATIONS
Through the expenditure of considerable time, effort and money, Franchisor has developed and established unique and distinctive fitness boutique fitness studio concept offering mainly group fitness classes, but also semi-private, and private sessions in a non-judgmental environment, using Franchisor's format, trade dress, marketing, operations and management methods, training and assistance, Franchisor's confidential operations manual ("Manual") of business practices and policies, distinctive exterior and interior design, décor, color scheme, fixtures and furnishings, all of which may be changed, improved or further developed by Franchisor at any time (taken together herein the "System").
The System is identified by certain trade names, service marks**,** trademarks, logos, emblems, and indicia of origin, including but not limited to the marks "Fly Fitness" service mark, as set forth in Attachment 2, and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated or substituted by Franchisor for use in connection with the System (the "Marks").
Franchisor continues to develop, use, and control the use of such Marks in order to identify for the public the source of services and products marketed under the Marks and the System and to represent the System's high standards of quality, appearance, and service.
Franchisee understands and acknowledges the importance of Franchisor's high and uniform standards of quality, service, and appearance, and the necessity of operating the business franchised hereunder in conformity with Franchisor's standards and specifications.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the agreement specifies that the developer will have access to the confidential operations manual. The manual contains business practices and policies. Fly Fitness may change, improve, or further develop the manual at any time.
The developer acknowledges the importance of Fly Fitness's standards and the necessity of operating the franchised businesses in conformity with Fly Fitness's standards and specifications.
The developer will receive trade secrets and confidential information of the system that are beyond the present knowledge, training, and experience of the developer. The developer acknowledges that gaining access to such specialized training, trade secrets, and confidential information is a primary reason for entering into the agreement.