Under what circumstances can Fly Fitness substitute different Marks?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
We reserve the right to substitute different Marks if we can no longer use the current Mark, or if we determine that substitution of different Marks will be beneficial to the System. In such event, we may require you, at your expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks.
Source: Item 13 — TRADEMARKS (FDD pages 31–32)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly Fitness reserves the right to substitute different Marks under two specific circumstances. First, Fly Fitness may substitute different Marks if they can no longer use the current Mark. Second, Fly Fitness may substitute different Marks if they determine that doing so will be beneficial to the System.
In the event that Fly Fitness decides to substitute different Marks, they may require the franchisee, at the franchisee's expense, to modify or stop using any Mark, including the Principal Marks. Fly Fitness may also require the franchisee to use one or more additional or substitute Marks.
This clause in the Franchise Agreement means that a Fly Fitness franchisee may be required to rebrand their location at their own expense if Fly Fitness determines it is necessary or beneficial for the System. This could include costs associated with new signage, marketing materials, and other branded items. While the FDD does not specify how often this might occur or the potential costs involved, it is a risk that prospective franchisees should be aware of.