Does the Fly Fitness franchise agreement prohibit franchisees from omitting to do something that would be injurious to the goodwill associated with the Fly Fitness System?

According to the 2024 Fly Fitness Franchise Disclosure Document, franchisees are prohibited from omitting to do something that would be injurious to the goodwill associated with the Fly Fitness System. Specifically, the franchise agreement states that the franchisee, referred to as the Covenantor, must not omit to perform any act that would likely be injurious or prejudicial to the goodwill associated with the Fly Fitness system. This clause aims to protect the brand's reputation and customer perception.

This provision means that Fly Fitness franchisees have a legal obligation to actively maintain and protect the brand's goodwill. Failure to act in a way that preserves the brand's reputation could be considered a breach of contract. This could include neglecting to maintain the standards of service, cleanliness, or customer interaction expected within the Fly Fitness system.

Such a requirement is common in franchising, as franchisors rely on each franchisee to uphold brand standards to ensure consistency and customer satisfaction across all locations. By including this clause, Fly Fitness emphasizes the importance of each franchisee's role in safeguarding the overall brand image and reputation. Franchisees should understand that their actions, or lack thereof, can have a direct impact on the goodwill of the entire Fly Fitness system and should, therefore, always act in the best interest of the brand.