How long does a Fly Fitness franchisee have to restore the business to full operation after a casualty?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.2.6. fails to restore the Franchised Business location to full operation within a reasonable period time but not more than one hundred twenty (120) days from the date the Franchised Business location is rendered inoperable by any casualty, as may be extended by Franchisor in Franchisor's reasonable discretion;
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, a franchisee has a limited time to restore their business location to full operation following a casualty that renders it inoperable. Specifically, the franchisee must restore the location within a 'reasonable period' not exceeding 120 days from the date of the event.
However, Fly Fitness retains some discretion to extend this restoration period. The FDD states that the 120-day timeframe 'may be extended by Franchisor in Franchisor's reasonable discretion.' This implies that if a franchisee faces legitimate challenges in restoring the business within the initial timeframe, they may request an extension from Fly Fitness, which Fly Fitness can grant based on its assessment of the situation.
Failure to restore the Fly Fitness location within the specified timeframe, or any extension granted by Fly Fitness, could potentially lead to further action by the franchisor. It is important for prospective franchisees to understand the implications of this clause and to have a plan in place for how they would respond to a casualty event to ensure minimal disruption to their business and compliance with the franchise agreement.