What condition must a Fly Fitness franchisee maintain their business location in?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.1.4.
Maintain sufficient inventories of equipment and products as prescribed by Franchisor and employ sufficient employees as prescribed by Franchisor to operate the Franchised Business at its maximum capacity and efficiency as required by Franchisor.
Franchisee may not be open for additional hours or fewer hours or fewer days without prior approval of Franchisor;
- 12.1.5.
Conduct sales in accordance with Franchisor's standards and specifications.
Franchisee acknowledges and accepts that Franchisee may only engage in providing fitness instruction to end-consumers.
Franchisee is expressly prohibited from selling products or services using the Franchised Business operations, assets and/or premises (i) that are not a part of the Fly Fitness System or that are not approved by Franchisor, (ii) outside of the Franchised Business premises (excluding promotional and sales events in the Territory with Franchisor's prior approval), (iii) on the internet (provided that Franchisee may conduct classregistration and payment online through Franchisor's approved platform(s)), or (iv) to dealers and/or distributors for subsequent re-sale.
Engaging in such sales shall be a material default of this Agreement;
- 12.1.6.
Employ only qualified individuals who are trained in accordance with Franchisor's standards and who will at all times conduct themselves in a competent and courteous manner in accordance with this Agreement and the image and reputation of the System.
Within ninety (90) days of hiring, Franchisee's coaches (and Franchisee or Principal if providing fitness instruction) shall obtain personal training certifications issued by a nationally recognized organization approved by Franchisor.
In addition to the requirements of Section 7.4 hereof, Franchisee, at Franchisee's sole expense, shall ensure that Franchisee's coaches (and Franchisee or Principal if providing fitness instruction) attend any required continuing education or training programs to maintain their personal training certifications.
- 12.1.7.
Permit Franchisor or its agents, to inspect the Franchised Business location and any services, products, or equipment, including removal of same without payment to Franchisee, to determine whether they meet Franchisor's then-current standards, specifications, and requirements.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
The 2024 Fly Fitness Franchise Disclosure Document states that franchisees must maintain sufficient inventories of equipment and products as prescribed by Fly Fitness. They must also employ enough employees to operate the franchised business at its maximum capacity and efficiency, as required by Fly Fitness. This ensures that each location is well-stocked and adequately staffed to meet customer demand and maintain operational standards.
Fly Fitness also requires franchisees to conduct sales in accordance with the franchisor's standards and specifications. Franchisees are limited to providing fitness instruction to end-consumers and are expressly prohibited from selling unauthorized products or services from the business premises, outside the premises (with limited exceptions for approved promotional events), online (except for class registration through approved platforms), or to dealers for resale. Violating these sales restrictions constitutes a material breach of the franchise agreement.
Furthermore, Fly Fitness mandates that franchisees employ only qualified individuals trained according to the franchisor's standards. These employees must conduct themselves competently and courteously, upholding the image and reputation of the Fly Fitness system. Coaches must obtain personal training certifications from a nationally recognized organization approved by Fly Fitness within 90 days of hiring and maintain these certifications through continuing education. Fly Fitness, or its agents, also have the right to inspect the franchised business location, services, products, and equipment to ensure compliance with the franchisor's standards and specifications.