Does Fly Fitness reserve the right to change or improve the System?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
| l Year | Projected New Company Owned Outlets in the Next Fiscal Year | ||
|---|---|---|---|
| Colorado | 1 | 0 | 0 |
| Nebraska | 0 | 1 | 0 |
| Total | 1 | 1 | 0 |
RECITATIONS
Through the expenditure of considerable time, effort and money, Franchisor has developed and established 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, using Franchisor's format, trade dress, marketing, operations and management methods, training and assistance, Franchisor's confidential operations manual ("Manual") of business practices and policies, distinctive exterior and interior design, décor, color scheme, fixtures and furnishings, all of which may be changed, improved or further developed by Franchisor at any time (taken together herein the "System").
The System is identified by certain trade names, service marks**,** trademarks, logos, emblems, and indicia of origin, including but not limited to the marks "Fly Fitness" service mark, as set forth in Attachment 2, and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated or substituted by Franchisor for use in connection with the System (the "Marks").
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness retains the right to modify or enhance its System at any time. The System encompasses Fly Fitness's unique fitness studio concept, which includes group fitness classes, semi-private and private sessions, the franchisor's format, trade dress, marketing, operations and management methods, training and assistance, confidential operations manual, distinctive exterior and interior design, décor, color scheme, fixtures, and furnishings. These elements collectively define the Fly Fitness System, and Fly Fitness reserves the right to change, improve, or further develop them.
This reservation of rights allows Fly Fitness to adapt to market changes, technological advancements, and evolving consumer preferences. For a franchisee, this means the specific elements of the Fly Fitness business model they initially invest in may change over time. While these changes are intended to benefit the System as a whole, franchisees should be prepared to adapt their operations and potentially invest in updates or modifications as directed by Fly Fitness.
Fly Fitness also reserves the right to substitute different Marks for use in identifying the System and the Franchised Business, if it in its sole discretion, determines that substitution of different Marks will be beneficial to the System. Fly Fitness will not be liable to Franchisee for any expenses, losses or damages sustained by Franchisee as a result of any additions, modifications, substitutions, or discontinuation of the Marks. Franchisees covenant not to commence or join in any litigation or other proceeding against Franchisor for any of these expenses, losses, or damages.
It is common in franchising for franchisors to retain the right to modify their systems to maintain competitiveness and brand standards. However, prospective Fly Fitness franchisees should carefully consider the potential financial and operational impacts of future changes and substitutions to the Marks and the System and seek clarification from Fly Fitness regarding the scope and frequency of such changes.