What does Fly Fitness claim copyrights on regarding the System?

According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness claims copyrights on specific written materials used within its franchise system. This includes forms, advertisements, promotional materials, photographs, social media content, the website, and the manual. Fly Fitness asserts these copyrights regardless of whether they have been officially registered with the U.S. Copyright Office. These copyrighted materials, along with the brand's trademarks, are collectively referred to as "Intellectual Property."

For a prospective franchisee, this means that Fly Fitness owns all rights to these materials and strictly controls their use. Franchisees are granted the right to use the Intellectual Property solely for operating their franchised business, but they do not gain any ownership or rights to modify or distribute these materials outside the scope of their franchise agreement. This is a standard practice in franchising, ensuring brand consistency and protecting the franchisor's assets.

The franchise agreement prohibits franchisees from taking any actions that could undermine Fly Fitness's intellectual property rights. All goodwill generated from the franchisee's use of the Intellectual Property benefits Fly Fitness. Upon termination of the franchise agreement, the franchisee cannot claim any monetary value for goodwill associated with their use of Fly Fitness's Intellectual Property. Franchisees must adhere to Fly Fitness's guidelines and obtain written approval for any marketing materials that feature Fly Fitness's trademarks to maintain brand integrity and avoid potential legal issues.