Does Fly Fitness retain control over the use of its Marks?

According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness retains control over the use of its Marks. The document states that Fly Fitness continues to develop, use, and control the use of its Marks to identify the source of services and products marketed under the Marks and the System, and to represent the System's high standards of quality, appearance, and service. The Marks include trade names, service marks, trademarks, logos, emblems, and indicia of origin, including but not limited to the Fly Fitness service marks. Attachment 1 of the FDD lists the Marks as FLY FITNESS, FLY METHOD, and WINGS OUT.

Fly Fitness licenses the right to operate Franchised Businesses using the Marks and System in strict conformity with the franchise agreements, which may be changed, improved, and further developed by Fly Fitness from time to time. This means franchisees must adhere to Fly Fitness's standards and specifications when using the Marks. The developer also acknowledges the importance of Fly Fitness's high and uniform standards of quality, service, and appearance, and the necessity of operating franchised businesses of the System in conformity with Fly Fitness's standards and specifications.

Fly Fitness also reserves the rights to offer other products or services not offered under the Marks, other fitness concepts under the Marks or other trademarks, and services and products through any channel in the Territory other than a dedicated Fly Fitness outlet, such as to schools, camps, institutional/professional campuses, and conferences; distribution of products through retail outlets, including but not limited to, grocery, health and fitness outlets; and the Internet ("Alternate Distribution Channels"). This reservation of rights ensures that Fly Fitness maintains control over its brand and can explore alternative distribution channels without granting franchisees exclusive rights to those channels.

In summary, Fly Fitness maintains significant control over its Marks, ensuring consistent quality and service across all franchises while also reserving the right to develop and utilize the Marks in alternative distribution channels. This control is typical in franchising, as it protects the brand's reputation and ensures uniformity across all locations.