What happens if Fly Fitness decides to substitute different Marks?

According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness reserves the right to substitute different Marks for use in identifying the System and the Franchised Business, if it, in its sole discretion, determines that substitution of different Marks will be beneficial to the System.

Fly Fitness will not be liable to the franchisee for any expenses, losses, or damages sustained as a result of any additions, modifications, substitutions, or discontinuation of the Marks. The franchisee agrees not to commence or join in any litigation or other proceeding against Fly Fitness for any of these expenses, losses, or damages.

This clause means that Fly Fitness can change its branding, logos, or other identifying marks at any time if it believes it will benefit the franchise system. However, the franchisee bears the financial risk of these changes. The franchisee cannot sue Fly Fitness for any costs incurred due to these changes, such as updating signage, marketing materials, or other branded items. This is a significant risk for franchisees, as rebranding can be expensive.