What written statement from Fly Fitness is considered conclusive proof of termination by Internet and Telephone Companies?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Upon termination or expiration of this Agreement, all rights and licenses granted hereunder to Franchisee shall immediately terminate and Franchisee and each Principal, if any, shall:
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;
18.1.4. promptly pay all sums owing to Franchisor and its affiliates.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
Based on the 2024 Fly Fitness Franchise Disclosure Document, there is no explicit mention of a specific written statement that would serve as conclusive proof of termination provided by Internet and Telephone Companies. The document does outline the franchisee's obligations upon termination or expiration of the Franchise Agreement, including ceasing the use of marks and de-identifying the franchised business premises.
However, the FDD does not detail the exact process or documentation required from Internet and Telephone Companies to confirm the termination of services or transfer of accounts. It states that upon termination, the franchisee must take action to cancel any assumed name registrations that contain the Fly Fitness mark and furnish Fly Fitness with evidence of compliance within five days.
A prospective Fly Fitness franchisee should seek clarification from the franchisor regarding the specific steps and documentation needed to ensure a smooth and legally compliant termination of internet and telephone services. This includes understanding what form of written confirmation is acceptable and the procedures for transferring or closing accounts associated with the Fly Fitness brand.