Who owns the Fly Fitness Manual, written directives, and other materials?
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.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly A Fitness Revolution, LLC, or its successor, is the owner of the Fly Fitness Manual and other copyrighted materials used in the Fly Fitness system. As the licensor, Fly Fitness holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System.
Fly Fitness 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 Fly Fitness has filed for copyrights thereto with the U.S. Copyright Office. As between Fly Fitness and Franchisee, Licensor and Fly Fitness are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them.
The franchise agreement explicitly states that the franchisee gains no ownership rights to the Intellectual Property. Instead, franchisees are only granted the right to use the Intellectual Property and the System in accordance with the terms and conditions of the 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. Upon termination of the franchise agreement, the franchisee must cease all use of Fly Fitness's intellectual property.