What is the name of the system that Fly Fitness franchisees are granted the right to use?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
veloped by Franchisee for the Fly Fitness brand and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
14. INTELLECTUAL PROPERTY.
14.1 Ownership.
- 14.1.1. Franchisee expressly understands and acknowledges that Fly A Fitness Revolution, LLC, or its successor, ("Licensor") is the record owner of the Marks. Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. Franchisee further expressly understands and acknowledges that Franchisor claims copyrights on certain written material used in the System, including but not limited to, forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual, whether or not Franchisor has filed for copyrights thereto with the U.S. Copyright Office. The Marks and copyrights are hereafter together referred to as the "Intellectual Property".
- 14.1.2. As between Franchisor and Franchisee, Licensor and Franchisor are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them.
- 14.2. No Interference. Neither Franchisee nor any Principal shall take any action that would prejudice or interfere with the validity of Franchisor's or Licensor's rights with respect to the Intellectual Property. Nothing in this Agreement shall give the Franchisee any right, title, or interest in or to any of the Intellectual Property or any of Franchisor's or Licensor's service marks, trademarks, trade names, trade dress, logos, copyrights or proprietary materials, except the right to use the Intellectual Property and the System in accordance with the terms and conditions of this Agreement for the operation of a Franchised Business and only at or from the Franchised Business location or in approved advertising related to the Franchised Business.
- 14.3. Goodwill. Franchisee understands and agrees that any and all goodwill arising from Franchisee's use of the Intellectual Property and the System shall inure solely and exclusively to the benefit of Franchisor and Licensor, and upon expiration or termination of this Agreement and the license herein granted, no monetary amount shall be assigned as attributable to any goodwill associated with Franchisee's use of the Intellectual Property.
- 14.4. Validity. Franchisee shall not contest the validity of, or Franchisor's or Licensor's interest in, the Intellectual Property or assist others to contest the validity of, or Franchisor's or Licensor's interest in, the Intellectual Property.
- 14.5. Infringement. Franchisee acknowledges that any unauthorized use of the Intellectual Property shall constitute an infringement of Franchisor's or Licensor's rights in the Intellectual Property and a material event of default hereunder. Franchisee shall provide Franchisor or Licensor with all assignments, affidavits, documents, information and assistance Franchisor or Licensor reasonably requests to fully vest in Franchisor or Licensor all such rights, title, and interest in and to the Intellectual Property, including all such items as are reasonably requested by Franchisor or Licensor to register, maintain, and enforce such rights in the Intellectual Property.
- 14.6. Substitution. Franchisor reserves the right to substitute different Marks for use in identifying the System and the Franchised Business, if it in its sole discretion, determines that substitution of different Marks will be beneficial to the System.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees are granted the right to use the "System". This system includes various components, such as written materials, marks, and the website. Fly Fitness's rights to the marks are held by Fly A Fitness Revolution, LLC. Franchisees must use the Intellectual Property and the System in accordance with the franchise agreement for operating their franchised business.
Fly Fitness franchisees must acknowledge that Fly A Fitness Revolution, LLC owns the rights to the marks and that Fly Fitness claims copyrights on materials used in the System, including forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual. Franchisees cannot take any actions that would negatively impact Fly Fitness's or Licensor's rights regarding the Intellectual Property. All goodwill associated with a franchisee's use of the Intellectual Property and the System benefits Fly Fitness and Licensor.
Fly Fitness also maintains a website that provides information about the System, services, and products offered. Fly Fitness has complete control over the website, but will include a link to the franchisee's location. Franchisees do not have any ownership rights to the franchisor's website and will lose the link upon termination or expiration of the franchise agreement. Franchisees must also pay all fees and expenses for technology required to operate the franchise, including hardware, software, installation, internet access, and license fees.