What is the franchisee's obligation regarding accessing the internet for their Fly Fitness franchise?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
Franchisee shall not
establish any website or other listing on the Internet except as provided and specifically permitted herein.
12.3.6.
Franchisor has established a website that provides information about the System and the services and products offered by the Fly Fitness System (the "Website").
Franchisor has sole discretion and control over the Website.
Franchisor shall include a listing on its Website linking Franchisee's Franchised Business location.
Franchisee has no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such link to Franchisee's location upon expiration or termination of this Agreement for any reason.
- 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 are obligated to maintain adequate hardware and software to access the internet at the speed required by Fly Fitness. Franchisees must also use the electronic mail account provided by Fly Fitness and promptly read and respond to all electronic mail related to the franchised business no less often than on a daily basis, acknowledging receipt of all electronic mail sent by Fly Fitness. Franchisees are restricted from establishing any website or other listing on the Internet except as specifically permitted by Fly Fitness.
Fly Fitness has established a website providing information about the Fly Fitness system, over which Fly Fitness has sole discretion and control. Fly Fitness will include a listing on its website linking to the franchisee's franchised business location, but the franchisee has no ownership or proprietary rights to Fly Fitness's website and will lose all rights to the link upon expiration or termination of the Franchise Agreement.
Franchisees are responsible for paying all fees and expenses for technology required by the agreement, including the costs of computer hardware and software, 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 the franchised business and the customer and other data stored therein. These requirements ensure that Fly Fitness franchisees maintain a consistent and secure online presence and communication standard as defined by the franchisor.