How must a Fly Fitness franchisee identify itself when using Fly Fitness's intellectual property?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall identify itself as the owner of the Franchised Business and as an independent Fly Fitness franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts, and contracts, as well as the display of a notice in such content and form and at such conspicuous locations on the premises of the Franchised Business as Franchisor may designate in writing.
- 14.7.3.
Franchisee shall not use the Intellectual Property to incur any obligation or indebtedness on behalf of Franchisor.
- 14.7.4.
Any item offered by Franchisee that contains the Marks, must be approved by Franchisor in writing prior to being distributed or sold by Franchisee and such approval may be granted or denied in Franchisor's sole and absolute discretion.
- 14.8.
Claims.
Franchisee shall notify Franchisor immediately via both email and telephone, of any apparent infringement of or challenge to Franchisee's use of any Intellectual Property and of any claim by any person of any rights in any Intellectual Property.
Franchisee shall not communicate with any person other than Franchisor or any designated affiliate thereof, their counsel and Franchisee's counsel in connection with any such infringement, challenge, or claim.
Franchisor shall have complete discretion to take such action as it deems appropriate in connection with the foregoing, and the right to control exclusively, or to delegate control to any of its affiliates of, any settlement, litigation or other proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any Intellectual Property.
Franchisee agrees to execute any and all instruments and documents, render such assistance, and do such acts or things as may, in the opinion of Franchisor, reasonably be necessary or advisable to protect and maintain the interests of Franchisor or any other person or entity in any litigation or other proceeding or to otherwise protect and maintain the interests of Franchisor or any other interested party in the Intellectual Property.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to the 2024 Fly Fitness Franchise Disclosure Document, a franchisee must identify themselves as the owner of the franchised business and as an independent Fly Fitness franchisee when using Fly Fitness's intellectual property. This identification must be included on invoices, order forms, receipts, and contracts.
Additionally, Fly Fitness requires franchisees to display a notice in a format and location that the franchisor designates in writing on the premises of the franchised business. This ensures that customers are aware that the business is independently owned and operated under a franchise agreement with Fly Fitness.
Furthermore, any fictitious names used by the franchisee must include the designation "a franchisee of Fly Fitness Franchise, L.L.C.". This requirement helps to clearly establish the relationship between the franchisee's business and the Fly Fitness brand, maintaining consistency and clarity in all business dealings and preventing any potential confusion about the business's affiliation.