Does the Fly Fitness Development Agreement grant the Developer the right to use the Fly Fitness Marks?

According to Fly Fitness's 2024 Franchise Disclosure Document, the Development Agreement does not grant the Developer the right to use the Fly Fitness Marks. The document states that the agreement is not a Franchise Agreement and does not grant the developer any right or license to operate a franchised business, distribute any product or service, or use the Marks.

The Fly Fitness Development Agreement outlines the conditions that, if met, allow the Developer to enter into a Franchise Agreement with Fly Fitness to establish one or more Franchised Businesses in a specific Development Area. The right to use the Fly Fitness System and Marks is only granted upon the execution of a Franchise Agreement for each Franchised Business to be established in the Development Area.

This distinction is important for prospective developers to understand. The Development Agreement primarily grants the right to develop Fly Fitness locations within a specific area, but the actual operation of a franchise and the use of Fly Fitness's trademarks and systems are contingent upon signing a separate Franchise Agreement for each location. Therefore, developers must fulfill the obligations outlined in the Development Agreement to earn the right to enter into individual Franchise Agreements and ultimately operate Fly Fitness studios.