Does the Fly Fitness Franchise Agreement supersede previous contracts?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 22: CONTRACTS]
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 mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions
All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
Based on the 2024 Fly Fitness Franchise Disclosure Document, the franchise agreement is contingent upon the franchisee's agreement to comply with all its terms. The "WHEREAS" clauses in Item 22 state that Fly Fitness would not enter into the Franchise Agreement without the franchisee's agreement to comply with and be bound by all the terms and provisions of the agreement.
Specifically, the document states that the agreement is made in consideration of the mutual promises and covenants contained within it, as well as in consideration of the Franchise Agreement itself. This indicates that the current Franchise Agreement is intended to be the governing contract between Fly Fitness and the franchisee.
Furthermore, the document outlines that terms not defined within the agreement will have the meanings set forth in the Franchise Agreement. This reinforces the primacy of the Franchise Agreement in defining the relationship and obligations of both parties. The agreement also specifies that termination of the Franchise Agreement includes voluntary, involuntary, or natural expiration, further emphasizing its comprehensive nature.