factual

Is a Fly To Fit franchisee required to renovate the business as a condition of renewal?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 3.2 Successor Agreement. When the term of this Agreement expires, Franchisee may enter into a successor agreement for up to 2 additional periods of 5 years each, subject to the following conditions prior to each expiration:
    • (i) Franchisee notifies Fly To Fit Franchise of the election to renew between 90 and 180 days prior to the end of the term;
    • (ii) Franchisee (and its affiliates) are in compliance with this Agreement and all other agreements with Fly To Fit Franchise (or any of its affiliates) at the time of election and at the time of renewal;
    • (iii) Franchisee has made or agrees to make (within a period of time acceptable to Fly To Fit Franchise) renovations and changes to the Business as Fly To Fit Franchise requires (including a Remodel, if applicable) to conform to the then-current System Standards;
    • (iv) Franchisee and its Owners execute Fly To Fit Franchise's then-current standard form of franchise agreement and related documents (including personal guaranty), which may be materially different than this form (including, without limitation, higher and/or different fees), except that Franchisee will not pay another initial franchise fee and will not receive more renewal or successor terms than described in this Section;
    • (v) Franchisee and each Owner executes a general release (on Fly To Fit Franchise's then-standard form) of any and all claims against Fly To Fit Franchise, its affiliates, and their respective owners, officers, directors, agents and employees.

Source: Item 22 — CONTRACTS (FDD page 44)

What This Means (2024 FDD)

According to Fly To Fit's 2024 Franchise Disclosure Document, franchisees may be required to complete renovations and changes to their business, including a remodel, to meet the then-current System Standards as a condition of renewal.

Specifically, to renew the franchise agreement for up to two additional periods of five years each, a franchisee must notify Fly To Fit of their election to renew between 90 and 180 days before the end of the current term. The franchisee must also be in compliance with all agreements with Fly To Fit at the time of election and renewal.

Furthermore, the franchisee must make or agree to make renovations and changes to the business as Fly To Fit requires to conform to the current System Standards. They must also execute Fly To Fit's current standard franchise agreement and related documents, which may have materially different terms, including higher or different fees, although they will not have to pay another initial franchise fee. Finally, the franchisee must execute a general release of all claims against Fly To Fit.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.