What are the conditions that a Fly Fitness franchisee must comply with before the Opening Date?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
unless Franchisee obtains a written extension of such time period from Franchisor. The date the Franchised Business opens for business to the public shall be defined herein as the "Opening Date". Prior to the Opening Date, Franchisee shall (i) complete all exterior and interior preparations for the Franchised Business, including installation and cleaning of equipment, fixtures, furnishings and signs, in accordance with System requirements and the plans and specifications consented to by Franchisor, (ii) satisfactorily complete Franchisor's Initial Management Training Program, as further set forth in Article 7, (iii) hire and train staff, if required, and (iv) obtain all required licenses to operate the Franchised Business. If Franchisee fails to comply with any of such obligations, Franchisor shall have the right to prohibit Franchisee from opening for business. Franchisee's failure to open the Franchised Business and commence operations (i) in accordance with the foregoing and (ii) within the above time frame shall be deemed a material event of default under this Agreement.
- 8.4.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, a franchisee must meet several conditions before opening their franchise. Specifically, the franchisee must complete all exterior and interior preparations, including the installation and cleaning of equipment, fixtures, furnishings, and signs. These preparations must align with the Fly Fitness System requirements and the franchisor-approved plans and specifications.
Additionally, the franchisee must satisfactorily complete Fly Fitness's Initial Management Training Program, as detailed in Article 7 of the franchise agreement. If required, the franchisee needs to hire and train staff to meet operational standards. Furthermore, the franchisee is responsible for obtaining all necessary licenses required to legally operate the Fly Fitness franchise.
Failure to meet these obligations gives Fly Fitness the right to prevent the franchisee from opening the business. Not opening the franchise according to these conditions and within the specified timeframe constitutes a significant breach of the franchise agreement. The 'Opening Date' is defined as the date the Franchised Business opens for business to the public.