Are the standards and specifications established by the franchisor for Fly Fitness advertising programs final and binding upon the franchisee?

According to Fly Fitness's 2024 Franchise Disclosure Document, the standards and specifications that Fly Fitness establishes for its advertising and sales promotion programs are final and binding on franchisees. This encompasses all aspects of these programs, including the type, quantity, timing, placement, choice of media, market areas, and advertising agencies used.

This means that as a Fly Fitness franchisee, you must adhere to the advertising and promotional guidelines set by the franchisor. You have limited autonomy in creating your own advertising campaigns and must follow the franchisor's directives. This ensures brand consistency across all Fly Fitness locations, but it also means franchisees have less control over local marketing strategies.

While franchisees must participate in advertising and sales promotion programs, they can also engage in local advertising. However, all advertising and promotion must be conducted professionally and conform to Fly Fitness's standards and requirements as outlined in the manual or otherwise. Franchisees need to submit samples of all advertising, press releases, promotional plans, and public relations programs to Fly Fitness for approval. Fly Fitness has ten business days to approve or disapprove the submitted materials. If Fly Fitness doesn't respond within this timeframe, the plans are deemed disapproved, and the franchisee cannot use them until written approval is obtained. Any advertising concepts developed by a franchisee and approved by Fly Fitness can be used by other franchisees without compensating the originating franchisee.