Does the Fly Fitness FDD include Acknowledgement Statements, and under what condition are they included?

According to Fly Fitness's 2024 Franchise Disclosure Document, the franchise includes Acknowledgement Statements as part of its franchise agreement. Exhibit G is the Fly Fitness Acknowledgement Statement. These statements confirm that the franchisee has conducted their own independent investigation into the business and understands the risks involved. The franchisee's acknowledgement of these statements serves as an inducement for Fly Fitness to enter into a Franchise Agreement or Multi-Unit Development Agreement.

Before signing the acknowledgement, the franchisee must notify Fly Fitness immediately if any statement is incomplete or incorrect. The acknowledgement also includes a clause stating that no statement signed by the franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor. This provision takes precedence over any other conflicting terms in any document related to the franchise.

By signing the acknowledgement, the franchisee confirms they have not relied on any performance representations made by Fly Fitness, except as outlined in the Disclosure Document, and waives any claims against the franchisor for business failure. The franchisee also acknowledges that the success of the Fly Fitness venture depends largely on their own business abilities and efforts as an independent business operation. These acknowledgements are initialed by the franchisee, demonstrating their understanding and agreement with each statement.