Does the Fly Fitness franchise agreement include a section on 'Franchised Business Site Requirements'?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
articipate in council-related activities and meetings, which invitation may be based on a franchisee's level of success, superior performance, and center profitability.
10. FRANCHISOR'S OBLIGATIONS.
Franchisor and/or its designated representative will provide the services described below:
- 10.1. Site Selection Guidelines. Site selection criteria, as Franchisor may deem advisable. Franchisor shall also approve the site in accordance with Section 8.1.2.
- 10.2. Construction. Provide to Franchisee criteria and specifications for a Fly Fitness. Such criteria and specifications include, but are not necessarily limited to, criteria with respect to design and layout of the Franchised Business location. Franchisee shall independently, and at Franchisee's expense, have such criteria and specifications incorporated into the construction of the Franchised Business in accordance with Article 8.
- 10.3. Manual. Provide Franchisee access to the Confidential Operations Manual and such other manuals and written materials as Franchisor may hereafter develop for use by franchisees, as the same may be revised by Franchisor from time to time. Such documents may be provided electronically or via the Internet, at Franchisor's sole and absolute discretion.
- 10.4. Inspection. Inspection of the Franchised Business and evaluations of the services rendered and products sold therein whenever reasonably determined by Franchisor.
- 10.5. Pre-Opening Requirements. Provide a written list of equipment, fixtures, furnishings, signage, supplies and products that will be required and/or recommended to open the Franchised Business for business.
- 10.6. Advertising Materials. In Franchisor's discretion, provide samples of certain advertising and promotional materials and information developed by Franchisor from time to time for use by Franchisee in marketing and conducting local advertising for the Franchised Business.
- 10.7. List of Suppliers. Make available from time to time, and amend as deemed appropriate by Franchisor, a list of approved and/or recommended suppliers of products and services for System franchisees and a list of approved and/or recommended suppliers of such items. Franchisee acknowledges that Franchisor or Franchisor's affiliate(s) may be the sole approved supplier(s) of certain products and services that Franchisee is required to purchase to operate the Franchised Business.
- 10.8. Training. The training programs specified in Article 7 herein.
- 10.9. On-Site Assistance. On-site assistance at the Franchised Business location in accordance with the provisions of Article 7.
- 10.10. Brand Fund. Administer a Brand Fund in accordance with Section 13.3.
11. FRANCHISEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS.
- 11.1. Best Efforts. Franchisee, including each Principal, covenants and agrees that he or she shall make all commercially reasonable efforts to operate the Franchised Business so as to achieve optimum sales.
- 11.2. Corporate Representations. If Franchisee is a corporation, partnership, limited liability company, or other legal entity, Franchisee and each Principal represent, warrant, and covenant that:
- 11.2.1.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the franchise agreement does address franchised business site requirements. Specifically, Item 10.1, "Site Selection Guidelines," indicates that Fly Fitness will provide site selection criteria that it deems advisable and will also approve the site in accordance with Section 8.1.2. This suggests that the franchisor has established guidelines and approval processes related to site selection.
Furthermore, Item 10.2, "Construction," states that Fly Fitness will provide criteria and specifications for a Fly Fitness location, including design and layout. The franchisee is then responsible for incorporating these criteria and specifications into the construction of the franchised business at their own expense, as outlined in Article 8. This demonstrates that Fly Fitness provides franchisees with specific requirements for the physical setup of their locations.
In addition to initial site selection and construction, Item 12.1.7 mentions that Fly Fitness or its agents can inspect the franchised business location, services, products, or equipment to ensure they meet the franchisor's current standards, specifications, and requirements. This clause allows Fly Fitness to monitor and enforce compliance with its site requirements throughout the term of the franchise agreement. These inspections can include the removal of items without payment to the franchisee if they do not meet standards.