What section of the Fly Fitness franchise agreement discusses the franchisee's representations, warranties, and covenants?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.1.4.
Maintain sufficient inventories of equipment and products as prescribed by Franchisor and employ sufficient employees as prescribed by Franchisor to operate the Franchised Business at its maximum capacity and efficiency as required by Franchisor.
Franchisee may not be open for additional hours or fewer hours or fewer days without prior approval of Franchisor;
- 12.1.5.
Conduct sales in accordance with Franchisor's standards and specifications.
Franchisee acknowledges and accepts that Franchisee may only engage in providing fitness instruction to end-consumers.
Franchisee is expressly prohibited from selling products or services using the Franchised Business operations, assets and/or premises (i) that are not a part of the Fly Fitness System or that are not approved by Franchisor, (ii) outside of the Franchised Business premises (excluding promotional and sales events in the Territory with Franchisor's prior approval), (iii) on the internet (provided that Franchisee may conduct classregistration and payment online through Franchisor's approved platform(s)), or (iv) to dealers and/or distributors for subsequent re-sale.
Engaging in such sales shall be a material default of this Agreement;
- 12.1.6.
Employ only qualified individuals who are trained in accordance with Franchisor's standards and who will at all times conduct themselves in a competent and courteous manner in accordance with this Agreement and the image and reputation of the System.
Within ninety (90) days of hiring, Franchisee's coaches (and Franchisee or Principal if providing fitness instruction) shall obtain personal training certifications issued by a nationally recognized organization approved by Franchisor.
In addition to the requirements of Section 7.4 hereof, Franchisee, at Franchisee's sole expense, shall ensure that Franchisee's coaches (and Franchisee or Principal if providing fitness instruction) attend any required continuing education or training programs to maintain their personal training certifications.
- 12.1.7.
Permit Franchisor or its agents, to inspect the Franchised Business location and any services, products, or equipment, including removal of same without payment to Franchisee, to determine whether they meet Franchisor's then-current standards, specifications, and requirements.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, section 12 of the franchise agreement outlines various obligations and responsibilities of the franchisee. This section details what Fly Fitness expects from its franchisees in operating their businesses, maintaining standards, and adhering to the Fly Fitness system.
Specifically, section 12.1.4 requires franchisees to maintain sufficient inventories of equipment and products and employ enough staff to operate efficiently, as prescribed by Fly Fitness. Section 12.1.5 mandates that franchisees conduct sales according to Fly Fitness's standards and specifications, limiting them to providing fitness instruction to end-consumers and prohibiting certain sales activities. Section 12.1.6 requires franchisees to employ qualified, trained individuals who conduct themselves appropriately, with coaches obtaining personal training certifications within 90 days of hiring and maintaining them through continuing education.
Finally, section 12.1.7 grants Fly Fitness or its agents the right to inspect the franchised business location, services, products, and equipment to ensure compliance with Fly Fitness's standards. These provisions collectively define the franchisee's operational duties and ensure the consistency and quality of the Fly Fitness brand.