Does Fly Fitness reserve the right to establish quality assurance programs conducted by third-party providers?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.7. External Quality Assurance Services. Franchisor reserves the right to establish quality assurance programs conducted by third-party providers, including, but not limited to, mystery shop programs and periodic quality assurance audits ("Quality Review Services"). Upon Franchisor's request and at Franchisee's sole cost and expense, Franchisee shall subscribe, to any such third-party provider for Quality Review Services to monitor the operations of the Franchised Business as directed by Franchisor.
- 12.8. Variations in Standards. Notwithstanding anything to the contrary contained in this Agreement and this Section 12 in particular, Franchisee acknowledges and agrees that because complete and detailed uniformity under many varying conditions may not be possible or practical, Franchisor specifically reserves the right and privilege, at its sole discretion and as it may deem in the best interests of all concerned in any specific instance, to vary performance standards for some franchisees based upon the peculiarities and characteristics of the particular site or circumstance, business potential, existing business practices or any other condition which Franchisor deems to be of importance to the successful operation of such particular franchise business. Franchisor has full rights to vary standard specifications and practices for any other franchisee at any time without giving Franchisee comparable rights. Franchisee shall not be entitled to require Franchisor to disclose or grant to Franchisee a like or similar variation.
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 implement quality assurance programs through third-party providers. These programs may include mystery shopping and periodic quality assurance audits, referred to as "Quality Review Services."
As a Fly Fitness franchisee, you may be required to subscribe to these third-party Quality Review Services at your own expense. These services are designed to monitor the operations of your franchised business as directed by Fly Fitness. This means franchisees will bear the financial burden of these evaluations.
Fly Fitness also reserves the right to modify performance standards for some franchisees based on specific site characteristics, business potential, existing practices, or any other condition it deems important. This allows Fly Fitness to adapt its requirements, but franchisees should note that these variations are not guaranteed to be applied uniformly and Fly Fitness is not obligated to disclose or grant similar variations to all franchisees.