Are the recitations set out in the agreement part of the Fly Fitness agreement?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
NOW, THEREFORE, the parties, in consideration of the promises, undertakings and commitments of each party to the other set forth herein, and intending to be legally bound hereby, mutually agree as follows:
1. RECITATIONS. The Recitations set out above form part of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the recitations outlined in the Multi-Unit Development Agreement are indeed considered part of the agreement. This means that the statements and explanations provided at the beginning of the agreement, which detail Fly Fitness's background, the unique aspects of its fitness studio concept, and the developer's intentions, are legally integrated into the overall contract.
For a prospective Fly Fitness developer, this is significant because these recitations can influence the interpretation and enforcement of the agreement. For instance, Fly Fitness emphasizes its unique and distinctive fitness boutique fitness studio concept offering mainly group fitness classes, but also semi-private, and private sessions in a non-judgmental environment. If disputes arise, these recitations could be referenced to clarify the parties' understanding and intentions when entering the agreement.
It is important for developers to carefully review these recitations to ensure they accurately reflect their understanding of the opportunity and obligations. Any discrepancies or concerns should be addressed before signing the agreement, as these recitations will be used to interpret the agreement.