Can Fly Fitness require me to enter into software license agreements at my own expense?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
d that, this license shall automatically and irrevocably terminate, without any additional action or notice required by Franchisor, upon the expiration or earlier termination of this Agreement.
- 12.3.4. Franchisor may require Franchisee, at Franchisee's sole expense, to enter into software license agreements in the form that Franchisor requires for software Franchisor develops or acquires for use in the System.
- 12.3.5. Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time. Franchisee shall utilize the electronic mail account provided by Franchisor. Franchisee shall promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not
- establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 12.3.6. Franchisor has established a website that provides information about the System and the services and products offered by the Fly Fitness System (the "Website"). Franchisor has sole discretion and control over the Website. Franchisor shall include a listing on its Website linking Franchisee's Franchised Business location.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness may require franchisees to enter into software license agreements at the franchisee's sole expense. These agreements would be in a form required by Fly Fitness for software it develops or acquires for use in its system. This means a franchisee will be responsible for paying for any required software licenses.
In addition to software license agreements, Fly Fitness franchisees must have and maintain adequate hardware and software to access the internet at the speed Fly Fitness requires. Franchisees are also required to use the electronic mail account provided by Fly Fitness and promptly respond to all electronic mail related to the franchised business on a daily basis, acknowledging receipt of all electronic mail sent by Fly Fitness.
Furthermore, franchisees are responsible for paying all fees and expenses for technology required for the operation of the franchised business. This includes, but is not limited to, the costs of computer hardware and software, applications, installation costs, recurring fees for software and digital menu displays, internet access, license fees, help desk fees, and licensing or user-based fees. Franchisees are also solely responsible for maintaining the security and integrity of the computer and payment processing systems used in their Fly Fitness franchise.