Does the Fly Fitness franchise agreement include a section on 'System Maintenance and Improvement'?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
9. SYSTEM MAINTENANCE AND IMPROVEMENT.
- 9.1. Maintenance of Franchised Business Site and Equipment. Franchisee shall equip and maintain the Franchised Business site to the standards of décor, sanitation, repair, and condition required by Franchisor, which standards are specified in the Manual and other written directives, standards, and specifications. Franchisee, at Franchisee's expense, shall make such additions, alterations, repairs, refurbishing and replacements as may be required to comply with Franchisor's standards, including, without limitation, periodic repainting and repairs or replacement of worn or impaired décor, materials, furniture, fixtures, equipment, and signage as Franchisor may direct.
- 9.2. Inspections. Franchisee shall operate and maintain the Franchised Business and Franchised Business location in conformance with best safety practices and in a manner that will ensure the highest rating possible for businesses of like kind from any governmental authority that may inspect such businesses in the Territory. Franchisee shall submit to Franchisor a copy of any inspection reports. It shall be a default of this Agreement if, upon inspection, Franchisee does not obtain such rating or if Franchisee fails to operate in
- accordance with the general standards of quality, maintenance, repairs, and sanitation required by the System, and Franchisor may, at its option, terminate this Agreement.
- 9.3. Equipment and Technology Updates. Franchisee shall make any and all upgrades to equipment, including but not limited to, fitness equipment and tools, audio/video equipment, and computer hardware and software, and any technology used in conjunction therewith, as Franchisor requires in its sole and absolute discretion.
9.4. Trade Dress Modifications.
- 9.4.1.
Franchisee is aware that to maintain and improve the image and reputation of the System, Franchisor, in its sole and absolute discretion, may change and modify identifying elements of the System, including but not limited to, the adoption and use of new exterior building designs, new interior decors, new color schemes, new or modified marks, and new furnishings (collectively, "Trade Dress Modifications").
- 9.4.2.
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 include a specific section dedicated to 'System Maintenance and Improvement,' outlined in Section 9. This section covers various aspects related to maintaining the standards and quality of the Fly Fitness franchise.
Section 9.1 details the franchisee's responsibility to maintain the franchised business site to the standards required by Fly Fitness, including décor, sanitation, and repairs, as specified in the manual and other directives. The franchisee is responsible for all expenses related to additions, alterations, repairs, and replacements necessary to comply with Fly Fitness's standards. Section 9.2 requires franchisees to maintain the business in conformance with safety practices and in a manner that ensures the highest rating possible from governmental authorities. Franchisees must also provide copies of inspection reports to Fly Fitness. Failure to maintain these standards can result in termination of the agreement.
Furthermore, Section 9.3 states that franchisees must make all required upgrades to equipment and technology, including fitness equipment, audio/video equipment, computer hardware and software, and any related technology, as determined by Fly Fitness. Section 9.4 discusses trade dress modifications, noting that Fly Fitness may change and modify identifying elements of the system, such as building designs, interior decors, color schemes, and furnishings, to maintain and improve the image and reputation of the Fly Fitness system. These modifications are at Fly Fitness's sole discretion.