What training obligation does a Fly Fitness franchisee have regarding their employees and the confidential information?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
tration 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. In addition to any other remedies Franchisor may have, Franchisee shall reimburse Franchisor for Franchisor's inspection costs of any item that does not conform to the System standards and specifications;
- 12.1.8. Prominently display signs in and upon the Franchised Business location using the Marks and/or other advertising and/or signs of such nature, form, color, number,
location and size, and containing such material, as Franchisor may from time to time reasonably direct or approve in writing;
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees must ensure their employees are adequately trained and protect the brand's confidential information. Specifically, Fly Fitness requires franchisees to employ only qualified individuals trained according to their standards, who conduct themselves competently and courteously, aligning with the brand's image. Within 90 days of hiring, coaches (and the franchisee or principal if they provide fitness instruction) must obtain personal training certifications from a nationally recognized organization approved by Fly Fitness. Franchisees must also ensure their coaches attend any required continuing education or training programs to maintain their certifications, bearing the expense themselves.
To protect confidential information, Fly Fitness requires franchisees to obtain a written agreement from their employees (referred to as "Covenantor") to safeguard this information and protect the system against unfair competition. Employees must maintain the confidentiality of the information, using it only for operating the franchised business. They cannot make copies of confidential documents without Fly Fitness's permission and can only disclose the information to other employees for training purposes. Upon request or termination of employment, employees must return all materials containing confidential information.
These measures ensure that Fly Fitness maintains consistent service quality and protects its proprietary information. The franchisee's responsibility to train employees and secure their commitment to confidentiality is crucial for upholding brand standards and preventing competitive disadvantages. This is a common practice in franchising, where protecting trade secrets and maintaining service consistency are vital for the success of the entire franchise system.