Is a Fly Fitness franchisee required to participate in all advertising and sales promotion programs developed by the franchisor?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 13.6. Approval of Advertising. All advertising and promotion by Franchisee, in any medium, shall be conducted in a professional manner and shall conform to the standards and requirements of Franchisor as set forth in the Manual or otherwise. Franchisee shall submit to Franchisor for its approval samples of all advertising, press releases, promotional plans and materials and public relations programs that Franchisee desires to use, including, without limitation, any materials in digital, electronic, or computerized form, or in any form of media now or hereafter developed that have not been either provided or previously approved by Franchisor. Franchisor shall approve or disapprove such plans and materials within ten (10) business days of Franchisor's receipt thereof. If Franchisor fails to respond to Franchisee's submission within ten (10) business days, such plans and materials shall be deemed "disapproved". Franchisee shall not use such unapproved plans or materials until they have been approved by Franchisor in writing, and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor. Any advertising, marketing or sales concepts, programs or materials proposed or developed by Franchisee for the Fly Fitness brand and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees are required to adhere to the franchisor's advertising standards and submit their advertising materials for approval. Specifically, all advertising and promotion must be conducted professionally and conform to Fly Fitness's standards as outlined in the manual or otherwise communicated. Franchisees need to submit samples of advertising, press releases, promotional plans, and public relations programs to Fly Fitness for approval. This includes materials in digital, electronic, or computerized form, or any form of media, unless they have been previously provided or approved by Fly Fitness.
Fly Fitness will then approve or disapprove the submitted plans and materials within ten business days. If Fly Fitness fails to respond within this timeframe, the plans are deemed disapproved, and the franchisee cannot use them until written approval is obtained. Franchisees must also discontinue using any advertising or promotional materials upon notice from Fly Fitness, regardless of whether they were previously approved.
Furthermore, any advertising, marketing, or sales concepts, programs, or materials developed by a franchisee for the Fly Fitness brand, once approved by Fly Fitness, may be used by other franchisees in the system without any compensation to the originating franchisee. This indicates a collaborative approach to marketing, but also means franchisees may not directly benefit from their unique advertising ideas if adopted system-wide.