If a Fly Fitness franchisee is married, will the Franchise Agreement apply to the spouse?

According to Fly Fitness's 2024 Franchise Disclosure Document, if a franchisee is married but their spouse is not a partner in the Fly Fitness franchise business, certain provisions of the Franchise Agreement will still apply to the spouse. This means that while the spouse may not be directly involved in the business's daily operations or management, they may still be bound by specific terms and conditions outlined in the agreement.

This is a common practice in franchising to protect the franchisor's interests. It typically ensures that community property laws do not undermine the franchise agreement. For example, if the franchisee incurs debt or liabilities related to the business, the franchisor wants to ensure they can pursue all available assets, including those held jointly with the spouse. Similarly, it can prevent a spouse from later claiming an ownership interest in the franchise without having signed the agreement.

Prospective Fly Fitness franchisees should carefully review the Franchise Agreement to understand which specific provisions apply to their spouse. It is advisable to seek legal counsel to fully comprehend the implications and obligations for both the franchisee and their spouse. This ensures both parties are aware of their rights and responsibilities under the agreement.