What is the Fly Fitness franchisee required to do to de-identify the franchised business premises upon termination or expiration of the agreement?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1.2. immediately and permanently (i) cease to use the Marks, any imitation of any Mark, logos, copyrighted material, or other Intellectual Property, Confidential Information, other confidential or proprietary material or indicia of a Fly Fitness outlet, (ii) cease to use any trade name, trade or service mark or other commercial symbol that suggests a current or past association with Franchisor, Franchisor's affiliates, or the System and (iii) de-identify the Franchised Business premises.
In particular, Franchisee shall cease to use, without limitation, all signs, billboards, advertising materials, displays, stationery, forms, and any other articles, which display the Marks;
- 18.1.3. take such action as may be necessary to cancel any assumed name or equivalent registration that contains the Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence of compliance with this obligation which is satisfactory to Franchisor, within five (5) days after termination or expiration of this Agreement;
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee is obligated to de-identify the franchised business premises. This means the franchisee must immediately and permanently cease using any signs, billboards, advertising materials, displays, stationery, forms, and any other articles that display Fly Fitness's trademarks.
In practical terms, a franchisee leaving the Fly Fitness system must remove all branding elements from the physical location to ensure no confusion arises that the business is still part of the Fly Fitness franchise. This includes taking down signs, removing logos from stationery, and discontinuing the use of any marketing materials associated with the brand.
Additionally, the franchisee must take necessary actions to cancel any assumed name registrations that include Fly Fitness's trademarks and provide evidence of this cancellation to Fly Fitness within five days of termination or expiration. This step is crucial to prevent any future legal issues related to trademark infringement or misrepresentation. Failing to comply with these post-termination obligations could result in legal action from Fly Fitness to protect its brand and reputation.