Does the Fly Fitness franchise agreement include a section on 'Recitations'?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 22: CONTRACTS]
RECITATIONS
Through the expenditure of considerable time, effort and money, Franchisor has developed and established unique and distinctive fitness boutique fitness studio concept offering mainly group fitness classes, but also semi-private, and private sessions in a non-judgmental environment, using Franchisor's format, trade dress, marketing, operations and management methods, training and assistance, Franchisor's confidential operations manual ("Manual") of business practices and policies, distinctive exterior and interior design, décor, color scheme, fixtures and furnishings, all of which may be changed, improved or further developed by Franchisor at any time (taken together herein the "System").
The System is identified by certain trade names, service marks**,** trademarks, logos, emblems, and indicia of origin, including but not limited to the marks "Fly Fitness" service mark, as set forth in Attachment 2, and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated or substituted by Franchisor for use in connection with the System (the "Marks").
Franchisor continues to develop, use, and control the use of such Marks in order to identify for the public the source of services and products marketed under the Marks and the System and to represent the System's high standards of quality, appearance, and service.
Franchisee understands and acknowledges the importance of Franchisor's high and uniform standards of quality, service, and appearance, and the necessity of operating the business franchised hereunder in conformity with Franchisor's standards and specifications.
NOW, THEREFORE, the parties, in consideration of the promises, undertakings and commitments of each party to the other set forth herein, and intending to be legally bound hereby, mutually agree as follows:
1. RECITATIONS.
The Recitations set out above form part of this Agreement.
2. GRANT OF FRANCHISE.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
Yes, according to Fly Fitness's 2024 Franchise Disclosure Document, the franchise agreement does include a section on 'Recitations'. The FDD states that Fly Fitness has developed a unique fitness studio concept through considerable time, effort, and money. This concept includes group fitness classes, semi-private and private sessions, and a non-judgmental environment, all utilizing Fly Fitness's specific format, trade dress, marketing, operations, and confidential operations manual. The system is identified by trade names, service marks, trademarks, logos, and emblems, including the "Fly Fitness" service mark. Fly Fitness continues to develop and control the use of these marks to represent the high standards of quality, appearance, and service associated with the system. The franchisee acknowledges the importance of maintaining these standards.
The 'Recitations' section of the Fly Fitness franchise agreement serves to formally acknowledge and establish the foundation upon which the agreement is built. It highlights the franchisor's investment in developing the Fly Fitness system and the franchisee's understanding of the importance of adhering to the franchisor's standards. This section emphasizes the mutual agreement between both parties to uphold the brand's reputation and operational guidelines.
Specifically, the franchise agreement states, "The Recitations set out above form part of this Agreement." This clause legally binds the franchisee to the statements made in the Recitations section, making them an integral part of the overall contract. This ensures that both Fly Fitness and the franchisee are aligned on the core principles and expectations of the franchise relationship from the outset.