Prior to a transfer of a Fly Fitness agreement, what financial obligations must the Developer fulfill?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 6.3.4 Developer has paid all amounts owed to (i) Franchisor pursuant to this Agreement and all Franchise Agreements and other agreements between Franchisor and/or Franchisor's affiliates and Developer and (ii) third-party creditors;
- 6.4 Transfer Fee. As a condition to any Transfer, Developer shall pay Franchisor a transfer fee equal to Ten Thousand Dollars ($10,000.00) multiplied by the number of remaining Franchised Businesses to be developed hereunder; provided however, (i) for transfers among the individuals named as Developer in the introductory paragraph of this Agreement, and (ii) for a transfer to a spouse upon death or permanent disability of a Developer, no Transfer Fee shall be payable.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, a Developer seeking to transfer their agreement must meet specific financial obligations. The Developer must have paid all amounts owed to Fly Fitness, including amounts due under the Multi-Unit Development Agreement, Franchise Agreements, and any other agreements with Fly Fitness or its affiliates. This encompasses all outstanding franchise fees, royalties, and any other debts.
In addition to obligations to Fly Fitness, the Developer must also ensure that all financial obligations to third-party creditors are satisfied. This would include any outstanding loans, leases, or vendor bills related to the Fly Fitness business. The FDD also states that as a condition to any Transfer, the Developer shall pay Fly Fitness a transfer fee equal to Ten Thousand Dollars ($10,000.00) multiplied by the number of remaining Franchised Businesses to be developed.
These requirements ensure that Fly Fitness maintains financial stability and that the incoming transferee is not burdened with pre-existing debts. It also protects the brand's reputation by ensuring that all financial matters are in good standing before a transfer is approved. However, for transfers among the individuals named as Developer in the introductory paragraph of this Agreement, and for a transfer to a spouse upon death or permanent disability of a Developer, no Transfer Fee shall be payable.
Prospective franchisees should carefully review these transfer requirements and ensure they have a clear understanding of all outstanding financial obligations before attempting to transfer their Fly Fitness franchise. Failure to meet these obligations could delay or prevent the transfer.