Can Fly Fitness modify or change any aspect of the intellectual property or the system?

According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness retains the right to modify or change aspects of its intellectual property and the overall system. Specifically, Fly Fitness reserves the right to substitute different Marks (trade names, service marks, trademarks, logos, etc.) for use in identifying the System and the Franchised Business if it determines that doing so will benefit the System.

This means that Fly Fitness franchisees must be prepared for potential changes to the brand's identifying marks and should understand that these changes are at Fly Fitness's discretion. While Fly Fitness has the right to make these changes, the FDD stipulates that 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 also covenants not to commence or join in any litigation against Fly Fitness for any of these expenses, losses, or damages.

This clause highlights the importance of franchisees understanding the scope of Fly Fitness's control over its intellectual property and the System. While franchisees benefit from using the established Marks and System, they also bear the risk of potential changes and are limited in their ability to seek compensation for any resulting losses. Prospective franchisees should carefully consider this aspect of the franchise agreement and factor it into their decision-making process.