What identifying elements of the Fly Fitness system can the franchisor change or modify?

According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness reserves the right to substitute different marks for use in identifying the Fly Fitness system and the franchised business. This decision is at Fly Fitness's sole discretion if they determine that the 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 against Fly Fitness for any of these expenses, losses, or damages.

This clause gives Fly Fitness broad authority to rebrand or modify its trademarks and other identifying marks. While this provides flexibility for Fly Fitness to adapt to market changes or address legal challenges, it also carries risk for franchisees. Franchisees could incur costs associated with updating signage, marketing materials, and other branded items to reflect the new marks. The franchisee bears the risk of these changes and is prohibited from suing Fly Fitness for related expenses or losses.