Who must a Fly Fitness developer first bring any claim, controversy, or dispute to for resolution?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.1 Internal Dispute Resolution. Developer shall first bring any claim, controversy or dispute arising out of or relating to this Agreement, the Exhibits and/or Attachments hereto or the relationship created by this Agreement to Franchisor's president and/or chief executive officer for resolution. After providing notice as set forth in Section 12.7 below. Developer must exhaust this internal dispute resolution procedure before Developer may bring Developer's dispute before a third party. This agreement to first attempt resolution of disputes internally shall survive termination or expiration of 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 must first bring any claim, controversy, or dispute arising out of or relating to the Development Agreement to Fly Fitness's president and/or chief executive officer for resolution. This is part of an internal dispute resolution process. The developer must provide notice as outlined in Section 12.7 of the agreement.
This internal dispute resolution procedure must be exhausted before the developer can bring the dispute before a third party. This agreement to first attempt resolution of disputes internally survives the termination or expiration of the Development Agreement.
This requirement for internal dispute resolution is a fairly common practice in franchising, allowing the parties to attempt to resolve issues directly before incurring the costs and time associated with formal legal proceedings. It is important for a prospective Fly Fitness developer to understand this process and be prepared to engage with the franchisor's leadership to resolve any disputes that may arise.