factual

What is the deadline for submitting a request for an extension of the Mandatory Development Schedule to Fly Fitness?

Fly_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 5.3 Extension of Mandatory Development Schedule. If Developer is unable to meet the Mandatory Development Schedule for any Franchised Business, Developer may seek a onetime six (6) month extension of the Mandatory Development Schedule from Franchisor. Any request for an extension must be in writing and submitted to Franchisor at least sixty (60) days prior to the Mandatory Open Date for such outlet. Franchisor shall not unreasonably withhold consent for such reasonable extension provided that Developer has (i) submitted its extension request in a timely manner; (ii) demonstrated diligent efforts to meet the original Mandatory Open Date; and (iii) has at all times acted in good faith and is otherwise fulfilling its obligations under this Agreement.

Source: Item 23 — RECEIPT (FDD pages 45–182)

What This Means (2024 FDD)

According to Fly Fitness's 2024 Franchise Disclosure Document, a developer who is unable to meet the Mandatory Development Schedule for any Franchised Business may request a one-time, six-month extension. To do so, the developer must submit a written request to Fly Fitness at least 60 days before the Mandatory Open Date for the outlet in question.

Fly Fitness is not obligated to grant the extension. The document states that Fly Fitness will not unreasonably withhold consent for a reasonable extension, provided the developer meets certain conditions. These conditions include submitting the extension request in a timely manner, demonstrating diligent efforts to meet the original Mandatory Open Date, and acting in good faith while fulfilling all other obligations under the agreement.

This requirement ensures Fly Fitness franchisees are proactive in addressing potential delays and maintain open communication with the franchisor. By requiring a 60-day notice, Fly Fitness has time to assess the situation, offer support, and plan accordingly. For a prospective franchisee, this means carefully tracking progress against the Mandatory Development Schedule and promptly communicating any anticipated challenges to Fly Fitness to maintain a good standing relationship.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.