Under the Fly Fitness agreement, what entities are franchisees releasing from claims related to the agreement?

According to Fly Fitness's 2024 Franchise Disclosure Document, franchisees, along with their principals, heirs, legal representatives, successors, and assigns, release Fly Fitness Franchise, L.L.C., Fly Holdings LLC, and their parent company, subsidiaries, divisions, affiliates, successors, assigns, and designees. This release also extends to the foregoing entities' directors, officers, employees, agents, shareholders, successors, designees, and representatives.

This release covers any and all claims, demands, and judgments relating to or arising under statements, conduct, claims, or any other agreement between the parties executed prior to the date of the Franchise Agreement or Multi-Unit Development Agreement. This includes claims that are presently known or unknown, suspected or unsuspected, arising under franchise, securities, tax, or antitrust laws of the United States or any state or territory.

However, the release does not apply to any claims arising from representations made by Fly Fitness in its Franchise Disclosure Document received by the franchisee or developer. This means that while franchisees waive rights to sue over many pre-agreement issues, they retain the right to hold Fly Fitness accountable for statements made in the FDD itself.

This type of release is common in franchising to provide the franchisor with some protection against potential future claims based on past dealings or understandings. Prospective Fly Fitness franchisees should carefully review all documents and communications prior to signing the agreement to ensure they are not inadvertently waiving any important rights, and understand that the FDD is a key document for potential claims.