Does Fly Fitness claim copyrights on its email design?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee further expressly understands and acknowledges that Franchisor claims copyrights on certain written material used in the System, including but not limited to, forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual, whether or not Franchisor has filed for copyrights thereto with the U.S. Copyright Office.
During the term of the Franchise Agreement, you may have access to and become acquainted with our trade secrets, including, but not limited to, methods, formulas, processes, customer lists, vendor partnerships and/or relationships, sales and technical information, costs, product prices and names, software tools and applications, website and/or email design, products, services, equipment, technologies and procedures relating to the operation of your Fly Fitness outlet; systems of operation, services, programs, products, procedures, policies, standards, techniques, requirements and specifications which are part of the System; the Operations Manual; methods of advertising and promotion; instructional materials; marketing plans, business methods, research, development or know-how, any other information which we may or may not specifically designate as "confidential" or "proprietary", and the components of our System whether or not such information is protected or protectable by patent, copyright, trade secret or other proprietary rights (collectively called the "Confidential Information").
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness claims copyrights on certain written material used in its System. This includes, but is not limited to, forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual, whether or not Fly Fitness has filed for copyrights with the U.S. Copyright Office. The franchisor also indicates that during the term of the Franchise Agreement, franchisees may have access to and become acquainted with Fly Fitness's trade secrets, including website and/or email design.
Fly Fitness emphasizes that franchisees must understand and acknowledge that Fly | A Fitness Revolution, LLC, or its successor, is the owner of the Marks. As a franchisee, you must understand that Fly Fitness or Licensor owns all rights, titles, and interests in the Intellectual Property and the goodwill associated with them.
This means that as a Fly Fitness franchisee, you are granted a limited right to use the brand's intellectual property, including potentially the email design, strictly for operating your franchised business. You cannot claim ownership or rights to these materials, and all goodwill generated through their use benefits Fly Fitness. Unauthorized use of the intellectual property constitutes an infringement of Fly Fitness's rights and a material breach of the franchise agreement.