Is Fly Fitness required to approve or disapprove of all advertising material I propose?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
ess outlet (Franchise Agreement, Section 12.5).
- i. approve or disapprove of all advertising, direct mail, and other promotional material and campaigns you propose in writing to us. We will respond within ten (10) business days, either accepting or rejecting the proposed material and/or campaign; however, if we do not respond within ten (10) business days, the proposed material and/or campaign is deemed "disapproved". (Franchise Agreement, Section 13.6).
4. Advertising
Local Advertising (Franchise Agreement, Sections 13.2 and 13.6)
We require you to spend at least Fifteen Thousand Dollars ($15,000.00) in opening advertising and promotional activities commencing six (6) weeks prior to and during the two (2) months following the opening of your Franchised Business in the Territory. Thereafter, you are required to spend at least Five Hundred Dollars ($500) per month on local advertising to promote your Franchised Business. We reserve the right to increase your local advertising contribution by ten percent (10%) annually.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 22–29)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness must approve or disapprove all advertising, direct mail, and other promotional materials and campaigns that a franchisee proposes in writing. Fly Fitness will respond within ten business days, either accepting or rejecting the proposed material or campaign. If Fly Fitness does not respond within the ten business days, the proposed material or campaign is considered disapproved.
Fly Fitness franchisees can develop advertising materials for their own use at their own cost and may use marketing materials that Fly Fitness offers. However, franchisees cannot use any advertising or marketing materials, including press releases, unless Fly Fitness has approved them in advance in writing, which approval may be withheld at Fly Fitness's discretion. Fly Fitness will respond to the franchisee's request for approval within ten business days; however, if Fly Fitness does not respond within ten business days, the proposed advertising or marketing material is deemed "disapproved".
This approval process ensures that all advertising and marketing efforts align with Fly Fitness's brand standards and marketing strategies. Franchisees must submit their materials for review and wait for approval before using them. The ten-day response window provides a reasonable timeframe for approval, but the "deemed disapproved" clause means franchisees cannot proceed with unapproved materials if they do not receive a timely response. This requirement allows Fly Fitness to maintain control over its brand image and marketing message across all franchise locations.