Are there any implied representations or warranties made by Fly Fitness, other than those in the Franchise Agreement?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
LY FITNESS ACKNOWLEDGEMENT STATEMENT**
Acknowledgement of the truthfulness of the statements below are an inducement for the Franchisor to enter into a Franchise Agreement (or Multi-Unit Development Agreement). Notify Franchisor immediately, prior to acknowledgment, if any statement below is incomplete or incorrect.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee (or developer) in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
- Franchisee (or Developer) has conducted an independent investigation of all aspects relating to the financial, operational, and other aspects of the business of operating the Franchised Business. Franchisee (or Developer) further acknowledges that, except as may be set forth in Franchisor's Disclosure Document, no representations of performance (financial or otherwise) for the Franchised Business provided for in this Agreement has been made to Franchisee (or Developer) by Franchisor and Franchisee (or Developer) and any and all Principals hereby waive any claim against Franchisor for any business failure Franchisee (or Developer) may experience as a franchisee (or developer) under this Agreement.
_____ Initial
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the Franchise Agreement contains specific disclaimers and releases related to representations and warranties. Franchisees acknowledge that, except as explicitly stated in the Franchise Disclosure Document, Fly Fitness has not made any performance representations (financial or otherwise). Franchisees also waive any claims against Fly Fitness for business failure, emphasizing that the success of the venture depends largely on the franchisee's abilities and efforts.
The agreement includes a release where the franchisee discharges Fly Fitness from claims relating to statements, conduct, or agreements made before the Franchise Agreement's date. However, this release does not apply to claims arising from representations made by Fly Fitness in its Franchise Disclosure Document.
Furthermore, the Acknowledgment Statement in Exhibit G reinforces that no statement or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Fly Fitness. This provision takes precedence over any conflicting terms in other documents related to the franchise agreement.