Is a Fly Fitness franchisee required to comply with the Manual, as modified, and all directives, rules, and procedures specified by the Franchisor?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
anchisee and each Principal shall cooperate with Franchisor in any efforts made by Franchisor to verify compliance with such representations, warranties, and covenants.
12. FRANCHISEE'S OPERATIONS.
- 12.1. Operation of Franchised Business Location. To maintain the highest degree of quality and service on a uniform System-wide basis, Franchisee shall operate the Franchised Business in conformity with the methods, standards and specifications prescribed by Franchisor. Franchisee agrees to comply with the Manual, as it is modified from time to time, and all directives, rules and procedures specified by Franchisor, and will, among other things:
- 12.1.1. Use only those furnishings, fixtures, décor, fitness equipment, and signage and program curriculum that conform with Franchisor's specifications and/or which shall be purchased from only those vendors designated and approved by Franchisor. Franchisee acknowledges and agrees that: (i) Franchisor and/or Franchisor's affiliate may be a designated supplier or sole approved supplier of any product or service that Franchisee is required to lease or purchase, (ii) Franchisor and/or Franchisor's affiliate may receive payment from supplier(s) related to Franchisee's required purchases or leases, and (iii) any payments so received are for Franchisor's benefit only and may be used or applied in any manner determined by Franchisor in Franchisor's sole and absolute discretion;
- 12.1.2. Maintain and operate the Franchised Business location in good condition and repair and in a proper and businesslike manner, using Franchisee's best efforts to maintain
a clean, sanitary and respectable atmosphere therein in accordance with System standards, the Manual and all other directives and requirements of Franchisor, and do such redecoration, repairing, refurbishing and restoration as from time to time may be reasonably required to meet System standards and Franchisor's requirements as they may be modified from time to time;
- 12.1.3. Comply with all applicable governmental laws, ordinances, rules and regulations;
- 12.1.4.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees must operate their business according to the standards and specifications that Fly Fitness prescribes. To ensure uniformity across the Fly Fitness system, franchisees must adhere to the operations manual, as it may be updated, along with all directives, rules, and procedures that Fly Fitness specifies.
This compliance extends to various aspects of the business, including furnishings, fixtures, décor, fitness equipment, signage, and program curriculum. Franchisees are required to use only those items that meet Fly Fitness's specifications and/or are purchased from vendors that Fly Fitness has designated and approved. Fly Fitness, or its affiliates, may be designated as the sole approved supplier for certain products or services that franchisees are required to lease or purchase. Fly Fitness may also receive payments from suppliers related to the franchisee's required purchases or leases, and these payments are solely for Fly Fitness's benefit.
Furthermore, franchisees must maintain their Fly Fitness location in good condition and repair, ensuring a clean, sanitary, and respectable atmosphere that aligns with system standards, the manual, and all other directives from Fly Fitness. This includes performing necessary redecoration, repairs, refurbishing, and restoration to meet system standards and Fly Fitness's requirements as they may change over time. Franchisees are also responsible for complying with all applicable governmental laws, ordinances, rules, and regulations.
Finally, franchisees must maintain sufficient inventories of equipment and products as prescribed by Fly Fitness and employ enough staff to operate the franchised business at its maximum capacity and efficiency, as required by Fly Fitness. This ensures that each Fly Fitness location operates consistently and meets the brand's standards for quality and service.