What does 'Franchisor' refer to in the Fly Fitness Franchise Disclosure Document?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
To simplify the language in this disclosure document, the terms "Franchisor", or "we" or "us" means Fly Fitness Franchise, L.L.C., the Franchisor. The terms "we", "us" and "Franchisor" do not include you, the "Franchisee". We refer to the purchaser(s) of a Fly Fitness franchise, as "you" or "Franchisee", whether an individual, a partnership, corporation, or limited liability company. If you are a corporation, partnership or other entity, our Franchise Agreement also will apply to your owners, officers, and directors. If you are married and your spouse is not a partner in the franchise business, certain provisions of our Franchise Agreement will also apply to that spouse.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSORS AND AFFILIATES (FDD pages 6–7)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the terms "Franchisor", "we", or "us" refer to Fly Fitness Franchise, L.L.C. This definition is intended to simplify the language within the document. The document explicitly states that these terms do not include the franchisee. Instead, the term "Franchisee" or "you" refers to the purchaser of the Fly Fitness franchise, whether that is an individual, partnership, corporation, or limited liability company.
For a prospective franchisee, this means that any obligations, rights, or statements attributed to the "Franchisor" in the document apply specifically to Fly Fitness Franchise, L.L.C. It clarifies who is responsible for fulfilling the franchisor's duties as outlined in the Franchise Agreement. This distinction is important for understanding the legal and contractual relationships defined within the FDD and the franchise agreement.
Furthermore, if the franchisee is a corporation, partnership, or other entity, the Franchise Agreement also applies to the owners, officers, and directors of that entity. If the franchisee is married and their spouse is not a partner in the franchise business, certain provisions of the Franchise Agreement may also apply to that spouse. This highlights the importance of all relevant parties understanding the terms of the agreement, as their actions could have implications under the franchise agreement.