Does the Fly Fitness franchisor control the day-to-day operations of the franchised business?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
indirectly constitute, suggest, infer or imply that Franchisor controls any aspect or element of the day-today operations of the Franchised Business, which Franchisee alone controls, but only
constitute standards Franchisee must adhere to when exercising control of the dayto-day operations of the Franchised Business.
- 21.1.3 Franchisee's Employees. Franchisor has no authority to control, either directly or indirectly, the essential terms and conditions of employment of Franchisee's employees. Franchisee acknowledges and agrees that Franchisee, in Franchisee's sole and absolute discretion, shall determine all such essential terms and conditions of employment, which are defined in the Manual. Franchisee specifically agrees that any training Franchisor provides for Franchisee's employees is geared to impart to those employees, with Franchisee's ultimate authority, the various procedures, protocols, systems, and operations of a Fly Fitness Franchise and in no fashion reflects any employment relationship between Franchisor and such employees. If ever it is asserted that Franchisor is the employer, joint employer or co-employer of any of Franchisee's employees in any private or government investigation, action, proceeding, arbitration or other setting, Franchisee irrevocably agrees to assist Franchisor in defending said allegation, appearing at any venue requested by Franchisor to testify on Franchisor's behalf, participate in depositions, other appearances or preparing affidavits rejecting any assertion that Franchisor is the employer, joint employer or co-employer of any of Franchisee's employees.
- 21.2. Successors. This Agreement shall bind and inure to the benefit of the successors and assigns of Franchisor and shall be personally binding on and inure to the benefit of Franchisee (including the individuals executing this Agreement on behalf of the Franchisee entity) and its or their respective heirs, executors, administrators and successors or assigns; provided, however, the foregoing provision shall not be construed to allow a transfer of any interest of Franchisee or Principal(s) in this Agreement or the Franchised Business, except in accordance with Article 16 hereof.
- 21.3. Invalidity of Part of Agreement. Should any provisions in this Agreement, for any reason, be declared invalid, then such provision shall be invalid only to the extent of the prohibition without in any way invalidating or altering any other provision of this Agreement.
- 21.4. Entire Agreement. This Agreement, including all attachments, is the entire agreement of the parties, superseding all prior written or oral agreements of the parties concerning the same subject matter, and superseding all prior written or oral representations made to Franchisee, except that nothing herein is intended to disclaim the representations made to Franchisee in Franchisor's Franchise Disclosure Document. No agreement of any kind relating to the matters covered by this Agreement and no amendment of the provisions hereof shall be binding upon either party unless and until the same has been made in writing and executed by all interested parties.
- 21.5. Construction.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees must adhere to standards when controlling the day-to-day operations of their franchised business. These standards are outlined in the franchise agreement and manuals.
However, Fly Fitness does not have the authority to control the essential terms and conditions of employment for the franchisee's employees; the franchisee determines these terms at their sole discretion, as defined in the manual. Any training that Fly Fitness provides to the franchisee's employees is intended to impart the procedures, protocols, systems, and operations of a Fly Fitness franchise, and does not reflect an employment relationship between Fly Fitness and the franchisee's employees.
Fly Fitness also sets requirements for the franchisee's operations, such as maintaining sufficient inventory and employing enough employees to operate efficiently. Franchisees need Fly Fitness's approval for changes to operating hours and must conduct sales according to Fly Fitness's standards, focusing solely on providing fitness instruction to end-consumers. Franchisees must employ qualified individuals trained to Fly Fitness's standards and ensure coaches obtain and maintain personal training certifications from nationally recognized organizations approved by Fly Fitness. Fly Fitness or its agents can inspect the franchise location to ensure compliance with current standards.