What is the deadline for a Fly Fitness franchisee to apply for approval to relocate or reconstruct premises after a casualty?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
all licenses and permits before opening, or (iv) open the Franchised Business within the time and in the manner specified in Article 8.
- 17.2.3 falsifies any report required to be furnished Franchisor hereunder;
- 17.2.4. ceases to operate the Franchised Business for a period of five (5) days or more; provided, however, that this provision shall not apply if through no fault of Franchisee, the premises are damaged or destroyed by a casualty and Franchisee applies within thirty (30) days after such event, for Franchisor's approval to relocate or reconstruct the premises (which approval shall not be unreasonably withheld) and Franchisee diligently pursues such reconstruction or relocation.
- 17.2.5. loses for any cause whatsoever the right of possession of the real property on which the Franchised Business is located;
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, if a Fly Fitness location is damaged or destroyed by a casualty through no fault of the franchisee, the franchisee has 30 days to apply for Fly Fitness's approval to relocate or reconstruct the premises. Fly Fitness's approval cannot be unreasonably withheld, and the franchisee must diligently pursue such reconstruction or relocation.
Additionally, the franchisee must restore the Fly Fitness location to full operation within a reasonable time, not exceeding 120 days from the date the location became inoperable due to the casualty. This 120-day period may be extended at Fly Fitness's discretion.
Failure to apply for relocation or reconstruction approval within 30 days or to restore the location within the specified timeframe could be grounds for termination of the franchise agreement.