What is the Fly Fitness franchisee's responsibility regarding other manuals and materials approved for use in the operation of the franchised business?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
10.3. Manual. Provide Franchisee access to the Confidential Operations Manual and such other manuals and written materials as Franchisor may hereafter develop for use by franchisees, as the same may be revised by Franchisor from time to time. Such documents may be provided electronically or via the Internet, at Franchisor's sole and absolute discretion.
12.1.6.
Employ only qualified individuals who are trained in accordance with Franchisor's standards and who will at all times conduct themselves in a competent and courteous manner in accordance with this Agreement and the image and reputation of the System.
Within ninety (90) days of hiring, Franchisee's coaches (and Franchisee or Principal if providing fitness instruction) shall obtain personal training certifications issued by a nationally recognized organization approved by Franchisor.
In addition to the requirements of Section 7.4 hereof, Franchisee, at Franchisee's sole expense, shall ensure that Franchisee's coaches (and Franchisee or Principal if providing fitness instruction) attend any required continuing education or training programs to maintain their personal training certifications.
- 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.
WHEREAS, in connection with his or her duties, it will be necessary for Covenantor to have access to some or all of the confidential information, knowledge, know-how, techniques, contents of the Fly Fitness operations manual and other materials used in or related to the System and/or concerning the methods of operation of the System (collectively referred to as "Confidential Information").
- a. Covenantor shall, at all times, maintain the confidentiality of the Confidential Information and shall use such Confidential Information only in the course of his or her employment by or association with Franchisee in connection with the operation of a Franchised Business under the Franchise Agreement.
- b. Covenantor shall not at any time make copies of any documents or compilations containing some or all of the Confidential Information without Franchisor's express written permission.
- d. Covenantor shall surrender any material containing some or all of the Confidential Information to Franchisee or Franchisor, upon request, or upon termination of employment or association with 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 granted access to the Confidential Operations Manual, along with any additional manuals and written materials that Fly Fitness may develop in the future. These materials are intended for use by franchisees and may be updated or revised by Fly Fitness periodically. Fly Fitness has the discretion to provide these documents either electronically or via the Internet.
Furthermore, Fly Fitness requires franchisees to ensure that their coaches (and the franchisee or principal, if they provide fitness instruction) obtain personal training certifications from a nationally recognized organization approved by Fly Fitness within 90 days of hiring. Franchisees are also responsible for ensuring that their coaches attend any required continuing education or training programs necessary to maintain these certifications, bearing the associated expenses themselves.
In addition, any advertising and promotion by the franchisee, must be conducted professionally and adhere to Fly Fitness's standards as outlined in the manual or elsewhere. Franchisees must submit all advertising, press releases, promotional plans, and public relations programs to Fly Fitness for approval, and must discontinue use of any materials upon notice from Fly Fitness, regardless of prior approval. This ensures that all marketing efforts align with the brand's image and standards.
Covenantors, who have access to confidential information, including the Fly Fitness operations manual, must maintain the confidentiality of this information and use it only in connection with their employment or association with the franchisee. They are prohibited from making copies of confidential documents without express written permission from Fly Fitness and must surrender all materials containing confidential information upon request or termination of employment.