Does Fly To Fit Franchise have liability to the Franchisee with respect to the location of the Business?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
public, the Territory will be deemed to be the zip codes which include and immediately surround the location of the franchised business and comprise a total of 200,000 population.
- (iii) Fly To Fit Franchise's advice regarding or acceptance of a site is not a representation or warranty that the Business will be successful, and Fly To Fit Franchise has no liability to Franchisee with respect to the location of the Business.
- 6.2 Lease. In connection with any lease between Franchisee and the landlord of the Location: (i) if requested by Fly To Fit Franchise, Franchisee must submit the proposed lease to Fly To Fit Franchise for written approval, (ii) the term of the lease (including renewal terms) must be for a period of not less than the term of this Agreement, and (iii) Franchisee shall use commercially reasonable efforts to obt
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit Franchise has no liability to the franchisee regarding the location of the business. Even though Fly To Fit Franchise may offer advice or formally accept a site, this does not constitute a representation or warranty of the business's future success.
This means that while Fly To Fit may provide guidance during the site selection process, the ultimate responsibility for the success of the location rests with the franchisee. Prospective franchisees should conduct their own thorough market research and due diligence to assess the viability of any proposed location. Factors to consider include local demographics, competition, traffic patterns, and overall economic conditions.
This lack of liability is a fairly standard practice in franchising. Franchisors often assist with site selection but typically do not guarantee success, as local market conditions and the franchisee's own operational capabilities play significant roles. Franchisees should not rely solely on the franchisor's advice but should also seek independent professional advice, such as from a real estate consultant, before committing to a location.
In addition, the franchisee is responsible for constructing or remodeling the location to meet Fly To Fit Franchise's System Standards. The franchisee cannot rely on Fly To Fit Franchise’s information regarding architectural, engineering, or legal matters. Fly To Fit Franchise assumes no liability with respect to the development and construction of the business.