Does the Fly Fitness agreement supersede prior agreements?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.4 Entire Agreement.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Section 11.4 addresses the entire agreement. This section states that the franchise agreement represents the complete understanding between Fly Fitness and the developer (franchisee). This means that once the agreement is signed, it supersedes any prior discussions, negotiations, or preliminary agreements, whether those were made verbally or in writing.
For a prospective Fly Fitness franchisee, this clause is crucial because it confirms that only what is written in the final franchise agreement is legally binding. Franchisees should ensure that all promises, assurances, and conditions they deem important are included in the written agreement before signing. This prevents reliance on verbal agreements or understandings that may not be enforceable.
This type of clause is standard in franchise agreements across various industries. It provides clarity and certainty to both the franchisor and franchisee, reducing the potential for disputes based on differing recollections of prior discussions. Fly Fitness franchisees should carefully review the entire agreement and seek legal counsel to clarify any ambiguities before signing, ensuring that their understanding aligns with the written terms.