Is a Fly Fitness franchisee obligated to perform equipment and technology upgrades?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
5.2.6 Franchisee performs such remodeling, repairs, replacements, and redecoration as Franchisor may require in order to cause the Franchised Business premises, equipment, fixtures, furnishings, and furniture to conform to the plans and specifications being used for new or remodeled franchised businesses on the renewal date.
12.3.4.
Franchisor may require Franchisee, at Franchisee's sole expense, to enter into software license agreements in the form that Franchisor requires for software Franchisor develops or acquires for use in the System.
- 12.3.5.
Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time.
Franchisee shall utilize the electronic mail account provided by Franchisor.
Franchisee shall promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor.
- 12.3.7.
In addition to the requirements of Section 6.6, Franchisee shall pay all fees, whether to Franchisor or to third party vendor(s), and expenses for technology required by this Agreement for operation of the Franchised Business, including but not limited to, the costs of computer hardware and software and applications, installation costs and regularly recurring fees for software and digital menu displays, Internet access, license fees, help desk fees, and licensing or user-based fees.
- 12.3.8.
Franchisee is solely responsible for maintaining the security and integrity of the computer and payment processing systems used in the Franchised Business and the customer and other data stored therein.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees have specific obligations regarding equipment and technology. Fly Fitness may require franchisees to enter into software license agreements for software developed or acquired for use in the Fly Fitness system, and the franchisee is responsible for the costs associated with this software. Franchisees must also maintain adequate hardware and software to access the internet at the speed required by Fly Fitness. They are required to use the electronic mail account provided by Fly Fitness and promptly respond to electronic communications.
Furthermore, Fly Fitness franchisees are responsible for all fees and expenses for technology required for the operation of the franchised business. This includes, but is not limited to, the costs of computer hardware and software, applications, installation costs, recurring fees for software and digital menu displays, internet access, license fees, help desk fees, and licensing or user-based fees. Franchisees are also solely responsible for maintaining the security and integrity of the computer and payment processing systems used in their Fly Fitness location, as well as the data stored within those systems.
In addition to technology upgrades during the franchise term, Fly Fitness also requires franchisees to perform remodeling, repairs, replacements, and redecoration to ensure that the Franchised Business premises, equipment, fixtures, furnishings, and furniture conform to the plans and specifications being used for new or remodeled franchised businesses on the renewal date. This ensures that the Fly Fitness location remains up-to-date and consistent with the brand's current image and standards.