factual

Does Fly Fitness make representations of financial performance outside of the Disclosure Document?

Fly_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisee (or Developer) has conducted an independent investigation of all aspects relating to the financial, operational, and other aspects of the business of operating the Franchised Business. Franchisee (or Developer) further acknowledges that, except as may be set forth in Franchisor's Disclosure Document, no representations of performance (financial or otherwise) for the Franchised Business provided for in this Agreement has been made to Franchisee (or Developer) by Franchisor and Franchisee (or Developer) and any and all Principals hereby waive any claim against Franchisor for any business failure Franchisee (or Developer) may experience as a franchisee (or developer) under this Agreement.

Source: Item 22 — CONTRACTS (FDD pages 44–45)

What This Means (2024 FDD)

According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees are acknowledging that the franchisor has not made any representations of performance, financial or otherwise, that are not included in the disclosure document. This is highlighted in the Fly Fitness Acknowledgement Statement. Franchisees are also acknowledging that they have conducted their own independent investigation into the financial, operational, and other aspects of operating the franchised Fly Fitness business.

This acknowledgement serves to protect Fly Fitness from claims of misrepresentation or unrealistic earnings projections. It emphasizes that the franchisee is responsible for their own due diligence and business acumen. The franchisee is taking on the risk of business success or failure based on their own abilities and efforts.

This type of clause is common in franchise agreements. It is important for prospective franchisees to understand that they cannot rely on any verbal or written promises of financial performance that are not explicitly stated in the FDD. If a potential franchisee is considering investing in Fly Fitness, they should conduct thorough research, consult with financial advisors, and carefully review the financial performance representations (if any) provided in Item 19 of the FDD.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.