Is a Fly Fitness franchisee allowed to establish their own website or listing on the Internet?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall not
establish any website or other listing on the Internet except as provided and specifically permitted herein.
12.3.6.
Franchisor has established a website that provides information about the System and the services and products offered by the Fly Fitness System (the "Website").
Franchisor has sole discretion and control over the Website.
Franchisor shall include a listing on its Website linking Franchisee's Franchised Business location.
Franchisee has no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such link to Franchisee's location upon expiration or termination of this Agreement for any reason.
- 13.5. Directory Listings. At Franchisee's sole cost and expense, Franchisee must list the Franchised Business in local business directories, including, but not limited to, listings on Internet search engines. If feasible, and with Franchisor's prior written approval, Franchisee may do cooperative listings with other System franchisees. Notwithstanding the foregoing, Franchisee may not maintain any business profile on Facebook, Instagram, Twitter, X, LinkedIn, TikTok, YouTube, or any other social media and/or networking site without Franchisor's prior written approval and in strict accordance with Franchisor's requirements.
- 13.6. Approval of Advertising. All advertising and promotion by Franchisee, in any medium, shall be conducted in a professional manner and shall conform to the standards and requirements of Franchisor as set forth in the Manual or otherwise. Franchisee shall submit to Franchisor for its approval samples of all advertising, press releases, promotional plans and materials and public relations programs that Franchisee desires to use, including, without limitation, any materials in digital, electronic, or computerized form, or in any form of media now or hereafter developed that have not been either provided or previously approved by Franchisor. Franchisor shall approve or disapprove such plans and materials within ten (10) business days of Franchisor's receipt thereof. If Franchisor fails to respond to Franchisee's submission within ten (10) business days, such plans and materials shall be deemed "disapproved". Franchisee shall not use such unapproved plans or materials until they have been approved by Franchisor in writing, and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor.
Franchisee is expressly prohibited from selling products or services using the Franchised Business operations, assets and/or premises (i) that are not a part of the Fly Fitness System or that are not approved by Franchisor, (ii) outside of the Franchised Business premises (excluding promotional and sales events in the Territory with Franchisor's prior approval), (iii) on the internet (provided that Franchisee may conduct classregistration and payment online through Franchisor's approved platform(s)), or (iv) to dealers and/or distributors for subsequent re-sale.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees are generally restricted from establishing their own websites or internet listings, except as specifically permitted by Fly Fitness. The franchisor maintains a website providing information about the Fly Fitness system and its services, and will include a listing for the franchisee's location on this website. However, the franchisee does not gain any ownership rights to the franchisor's website or the link to their specific location, and these rights are lost upon termination of the franchise agreement.
Fly Fitness franchisees are required to list their business in local directories and on internet search engines at their own expense. However, franchisees need prior written approval from Fly Fitness to maintain any business profile on social media platforms like Facebook, Instagram, X, LinkedIn, TikTok, and YouTube, and must adhere strictly to the franchisor's requirements. All advertising and promotional materials, including digital content, must be submitted to Fly Fitness for approval, which can be either approved or disapproved within ten business days. Failure to respond within this period is deemed a disapproval, and the franchisee cannot use the materials until written approval is granted.
While franchisees can conduct internet-based advertising and use telephone listings linked to the Fly Fitness brand, they must transfer any rights or interests in domain names, social media accounts, website access, telephone numbers, and directory listings to Fly Fitness upon termination of the franchise agreement or at the franchisor's request. Franchisees are also prohibited from selling products or services over the internet that are not part of the Fly Fitness system or approved by the franchisor, although they may conduct class registration and payment online through the franchisor's approved platform. These regulations ensure that Fly Fitness maintains control over its brand's online presence and marketing efforts, while franchisees are expected to contribute to local advertising and directory listings within the franchisor's guidelines.