Does Fly Fitness claim copyrights on its website design?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee expressly understands and acknowledges that Fly A Fitness Revolution, LLC, or its successor, ("Licensor") is the record owner of the Marks. Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. 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. The Marks and copyrights are hereafter together referred to as the "Intellectual Property".
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 the website, forms, advertisements, promotional materials, photographs, and social media content, whether or not Fly Fitness has filed for copyrights with the U.S. Copyright Office. These copyrights, along with the brand's trademarks, are collectively referred to as "Intellectual Property."
As a Fly Fitness franchisee, you acknowledge that Fly Fitness owns all rights, titles, and interests in the Intellectual Property. You are only granted the right to use this Intellectual Property in accordance with the franchise agreement for operating your franchised business. You cannot take any actions that would negatively impact Fly Fitness's rights to its Intellectual Property.
This means that as a franchisee, you must adhere to Fly Fitness's guidelines and standards when using the website or any other copyrighted materials. Any goodwill that arises from your use of Fly Fitness's Intellectual Property will solely benefit Fly Fitness. Upon termination or expiration of the franchise agreement, you will not be entitled to any monetary amount for goodwill associated with your use of the Intellectual Property.