After termination or expiration of the Fly Fitness agreement, is a franchisee allowed to identify themselves as a Fly Fitness owner, franchisee, or licensee?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
18.1.1. immediately cease to operate the Franchised Business, and shall not thereafter, directly, or indirectly identify himself, herself or itself as a Fly Fitness owner, franchisee, or licensee;
18.1.2. immediately and permanently (i) cease to use the Marks, any imitation of any Mark, logos, copyrighted material, or other Intellectual Property, Confidential Information, other confidential or proprietary material or indicia of a Fly Fitness outlet, (ii) cease to use any trade name, trade or service mark or other commercial symbol that suggests a current or past association with Franchisor, Franchisor's affiliates, or the System and (iii) de-identify the Franchised Business premises.
In particular, Franchisee shall cease to use, without limitation, all signs, billboards, advertising materials, displays, stationery, forms, and any other articles, which display the Marks;
- 18.1.3. take such action as may be necessary to cancel any assumed name or equivalent registration that contains the Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence of compliance with this obligation which is satisfactory to Franchisor, within five (5) days after termination or expiration of this Agreement;
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, a franchisee must immediately cease operating the Franchised Business. The franchisee is prohibited from directly or indirectly identifying themselves as a Fly Fitness owner, franchisee, or licensee.
Additionally, the franchisee must immediately and permanently cease using the Fly Fitness Marks, any imitations of the Marks, logos, copyrighted material, or other Intellectual Property. They must also stop using any trade name, trade or service mark, or other commercial symbol that suggests a current or past association with Fly Fitness. The franchisee is also required to de-identify the Franchised Business premises, including removing all signs, billboards, advertising materials, and stationery that display the Marks.
Furthermore, the franchisee must take necessary actions to cancel any assumed name or equivalent registration that contains the Mark or any other service mark or trademark of Fly Fitness. Evidence of compliance with this obligation must be furnished to Fly Fitness within five days after termination or expiration of the Agreement. This ensures a clean break between the franchisee and the Fly Fitness brand, protecting the brand's integrity and preventing potential confusion among customers.