Besides the manual, what other written directives must a Fly Fitness franchisee follow?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
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10. FRANCHISOR'S OBLIGATIONS.
Franchisor and/or its designated representative will provide the services described below:
- 10.1. Site Selection Guidelines. Site selection criteria, as Franchisor may deem advisable. Franchisor shall also approve the site in accordance with Section 8.1.2.
- 10.2. Construction. Provide to Franchisee criteria and specifications for a Fly Fitness. Such criteria and specifications include, but are not necessarily limited to, criteria with respect to design and layout of the Franchised Business location. Franchisee shall independently, and at Franchisee's expense, have such criteria and specifications incorporated into the construction of the Franchised Business in accordance with Article 8.
- 10.3. Manual. Provide Franchisee access to the Confidential Operations Manual and such other manuals and written materials as Franchisor may hereafter develop for use by franchisees, as the same may be revised by Franchisor from time to time. Such documents may be provided electronically or via the Internet, at Franchisor's sole and absolute discretion.
- 10.4. Inspection. Inspection of the Franchised Business and evaluations of the services rendered and products sold therein whenever reasonably determined by Franchisor.
- 10.5. Pre-Opening Requirements. Provide a written list of equipment, fixtures, furnishings, signage, supplies and products that will be required and/or recommended to open the Franchised Business for business.
- 10.6. Advertising Materials. In Franchisor's discretion, provide samples of certain advertising and promotional materials and information developed by Franchisor from time to time for use by Franchisee in marketing and conducting local advertising for the Franchised Business.
- 10.7. List of Suppliers. Make available from time to time, and amend as deemed appropriate by Franchisor, a list of approved and/or recommended suppliers of products and services for System franchisees and a list of approved and/or recommended suppliers of such items. Franchisee acknowledges that Franchisor or Franchisor's affiliate(s) may be the sole approved supplier(s) of certain products and services that Franchisee is required to purchase to operate the Franchised Business.
- 10.8. Training. The training programs specified in Article 7 herein.
- 10.9. On-Site Assistance. On-site assistance at the Franchised Business location in accordance with the provisions of Article 7.
- 10.10. Brand Fund. Administer a Brand Fund in accordance with Section 13.3.
11. FRANCHISEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS.
- 11.1. Best Efforts. Franchisee, including each Principal, covenants and agrees that he or she shall make all commercially reasonable efforts to operate the Franchised Business so as to achieve optimum sales.
- 11.2. Corporate Representations. If Franchisee is a corporation, partnership, limited liability company, or other legal entity, Franchisee and each Principal represent, warrant, and covenant that:
- 11.2.1. The Franchisee entity is duly organized and validly existing under the state law of its formation;
- 11.2.2. Attachment 6 of this Agreement accurately reflects all individuals with an ownership interest, whether direct or beneficial, in the Franchisee entity;
- 11.2.3. The Franchisee entity is duly qualified and is authorized to do business in the jurisdiction of the Franchised Business location and the Territory;
- 11.2.4.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees must adhere to several written directives beyond the operations manual. Fly Fitness provides franchisees with site selection guidelines, which outline the criteria the franchisor deems advisable for choosing a location. Additionally, Fly Fitness supplies franchisees with construction criteria and specifications for building their franchise location, including design and layout requirements. Franchisees also receive a written list of required and recommended equipment, fixtures, furnishings, signage, supplies, and products necessary to open the Fly Fitness business.
Fly Fitness may provide samples of advertising and promotional materials for local marketing efforts. Franchisees must also adhere to a list of approved and recommended suppliers for products and services. Furthermore, any advertising and promotion by the franchisee must conform to the standards set forth in the manual or otherwise provided by Fly Fitness, requiring franchisees to submit all advertising materials for approval. Franchisees must also get written approval from Fly Fitness before maintaining any business profile on social media sites and adhere strictly to Fly Fitness's requirements.
Covenantors, such as employees, must adhere to a written agreement protecting confidential information related to the Fly Fitness system. Franchisees must ensure that these individuals maintain the confidentiality of this information and only use it in connection with operating the franchised business. These covenantors cannot reproduce confidential information without written consent. These written directives ensure brand consistency and protect Fly Fitness's proprietary information and standards across all franchise locations.