What proof of termination of the Franchise Agreement will Fly Fitness provide to Internet Companies and Telephone Companies?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1.3. take such action as may be necessary to cancel any assumed name or equivalent registration that contains the Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence of compliance with this obligation which is satisfactory to Franchisor, within five (5) days after termination or expiration of this Agreement;
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
Based on the 2024 Fly Fitness Franchise Disclosure Document, upon the termination or expiration of the Franchise Agreement, the franchisee must take necessary actions to cancel any assumed name or equivalent registration that contains Fly Fitness's mark or any other service mark or trademark. The franchisee is then required to furnish Fly Fitness with evidence of compliance with this obligation that is satisfactory to Fly Fitness, within five days after the termination or expiration of the Agreement.
This requirement ensures that the franchisee ceases all association with the Fly Fitness brand and its intellectual property following the termination of the agreement. This includes trademarks, service marks, and any other commercial symbols that might suggest a past or current affiliation with Fly Fitness.
The franchisee bears the responsibility of providing sufficient proof to Fly Fitness within the specified timeframe, demonstrating their adherence to the post-termination obligations. The FDD does not specify the exact form of evidence that Fly Fitness will find satisfactory, giving Fly Fitness discretion over what it deems acceptable proof. A prospective franchisee should clarify with Fly Fitness what specific documentation or actions would be considered satisfactory evidence of compliance to avoid potential disputes during or after termination.