factual

What must a Fly Fitness franchisee do with proposed final construction plans before starting construction?

Fly_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisee must obtain any architectural, engineering and design services it deems necessary for the construction and/or remodeling of the Franchised Business location, including the installation of signage, at its own expense from a reputable architectural, design and signage fabrication firm(s) approved by Franchisor. Franchisor shall provide Franchisee with guidance regarding architectural, design and signage plans and specifications for the Franchised Business location, and Franchisee shall submit proposed final plans to Franchisor or its designated representative for review and approval prior to commencing construction. Franchisee acknowledges that Franchisor's or its representative's review of such plans relates only to compliance with the System and that acceptance by Franchisor

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 submit proposed final construction plans to Fly Fitness or its designated representative for review and approval before starting construction. This includes plans for the installation of signage. Fly Fitness will provide guidance regarding architectural, design, and signage plans and specifications for the Franchised Business location.

This process ensures that the franchisee's construction plans align with Fly Fitness's system standards. However, the FDD clarifies that Fly Fitness's review and approval only pertain to compliance with the system. It does not constitute a warranty or guarantee regarding the accuracy, error-free nature, design, or structural application of the plans.

In addition to submitting plans for approval, the franchisee is responsible for obtaining all necessary permits, licenses, insurance, and certifications required for lawful construction or remodeling. The franchisee must also certify in writing to Fly Fitness that all required approvals have been obtained before construction begins. During construction, the franchisee must provide periodic progress reports to Fly Fitness and notify them of the scheduled completion date at least 30 days prior to completion.

This requirement is typical in franchising, as it allows Fly Fitness to maintain brand consistency and ensure that each location meets its standards. However, it's important for franchisees to understand that Fly Fitness's approval does not absolve them of responsibility for the accuracy and safety of the construction plans.

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.