factual

When must a Fly Fitness franchisee designate its Operating Principal?

Fly_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 11.4.2 Franchisee shall be actively involved in the management of the Franchised Business. Notwithstanding the foregoing, Franchisee shall designate and retain at all times an Operating Principal (the "Operating Principal") to be primarily responsible for and exercise decision-making authority on behalf of the Franchised Business. The Operating Principal shall be Franchisee, if Franchisee is an individual, or a Principal that owns at least ten percent (10%) equity interest in Franchisee if Franchisee is a business entity. Franchisee shall designate its Operating Principal prior to attending the Initial Training Program. The Operating Principal shall, during the entire period he or she serves as Operating Principal, meet the following qualifications:
    • (i) Meet all Franchisor's standards and criteria for such individual(s), as set forth in the Manual or otherwise in writing by Franchisor and shall be an individual otherwise acceptable to Franchisor in its sole discretion.
    • (ii) Shall devote his or her full time and best efforts to the supervision and management of the Franchised Business and may not engage in any other business activity without Franchisor's consent, which may be withheld in Franchisor's sole discretion.
    • (iii) Satisfy the training requirements set forth in Article 7.
  • 11.4.3 Notwithstanding the requirements of Section 11.4.2, Franchisee may also designate and retain at all times a general manager (the "General Manager") to direct the daily operation and management of the Franchised Business. The General Manager may be Franchisee, if Franchisee is an individual, or a Principal. Franchisee shall designate its General Manager prior to attending the Initial Training Program. The General Manager sha

Source: Item 22 — CONTRACTS (FDD pages 44–45)

What This Means (2024 FDD)

According to Fly Fitness's 2024 Franchise Disclosure Document, a franchisee must designate its Operating Principal before attending the Initial Training Program. The Operating Principal will be primarily responsible for and exercise decision-making authority on behalf of the Fly Fitness franchise.

If the franchisee is an individual, they will serve as the Operating Principal. If the franchisee is a business entity, the Operating Principal must be a Principal that owns at least ten percent equity interest in the franchisee. The Operating Principal must meet Fly Fitness's standards and criteria, devote full time and effort to the supervision and management of the franchised business, and satisfy the training requirements outlined in Article 7 of the agreement.

Franchisees must also designate a General Manager prior to attending the Initial Training Program. The General Manager will direct the daily operation and management of the Fly Fitness franchise. The General Manager may be the franchisee, if the franchisee is an individual, or a Principal.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.