Does the Fly Fitness franchise agreement include a section on 'Franchisee's Representations, Warranties and Covenants'?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
| ACCOUNT AGREEMENT | (the "Agreement") is made and entered into this day of | |----------------------------------------|--------------------------------------------------------------------------------------------------------------| | | (the "Effective Date") by and between Fly Fitness Franchise, L.L.C., an Nebraska limited liability company, with its principal place of business at 201 North 13th Street, Suite 1A, Lincoln, Nebraska, 68508 (herein | | "Franchisor"), and | , a(n) , with its | | principal place of business located at | and | | 's principal(s) | , an individual residing at | | and | , an individual residing at | | ("Principal(s)"). | and Principal(s) shall be individually and collectively referred to, and each | | is, as the "Franchisee". | | WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Fly Fitness business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Fly Fitness brand.
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
Based on the 2024 Fly Fitness Franchise Disclosure Document, while the provided excerpts do not contain a section explicitly titled 'Franchisee's Representations, Warranties, and Covenants,' the franchise agreement does include clauses where the franchisee makes agreements and acknowledgements. For example, the franchisee agrees to comply with the terms and provisions of the agreement to conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Fly Fitness brand. The franchisee also acknowledges that they may only engage in providing fitness instruction to end-consumers. They are expressly prohibited from selling products or services that are not part of the Fly Fitness system or approved by the franchisor.
Additionally, the franchisee acknowledges the importance of restricting the use, access, and dissemination of confidential information related to the Fly Fitness system. The franchisee agrees to obtain a written agreement from anyone who has access to confidential information protecting the information and further protecting the system against unfair competition. The franchisee also takes full responsibility for ensuring that anyone with access to confidential information acts as required by the agreement.
While a specific section with the exact title is not present, the agreement outlines various responsibilities, restrictions, and required conduct for the franchisee. A prospective franchisee should carefully review the entire franchise agreement and related documents to fully understand their obligations, representations, and any warranties they are providing to Fly Fitness.