Can a Fly To Fit franchisee sell unapproved goods if customers request them?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 8.1 Generally. Franchisee shall acquire all Inputs required by Fly To Fit Franchise from time to time in accordance with System Standards.
Fly To Fit Franchise may require Franchisee to purchase or lease any Inputs from Fly To Fit Franchise, Fly To Fit Franchise's designee, Required Vendors, Approved Vendors, and/or under Fly To Fit Franchise's specifications.
Fly To Fit Franchise may change any such requirement or change the status of any vendor.
To make such requirement or change effective, Fly To Fit Franchise shall issue the appropriate System Standards.
- 8.2 Alternate Vendor Approval. If Fly To Fit Franchise requires Franchisee to purchase a particular Input only from an Approved Vendor or Required Vendor, and Franchisee desires to purchase the Input from another vendor, then Franchisee must submit a written request for approval and any information, specifications and/or samples requested by Fly To Fit Franchise.
Fly To Fit Franchise may condition its approval on such criteria as Fly To Fit Franchise deems appropriate, which may include evaluations of the vendor's capacity, quality, financial stability, reputation, and reliability; inspections; product testing, and performance reviews.
Fly To Fit Franchise will provide Franchisee with written notification of the approval or disapproval of any proposed new vendor within 30 days after receipt of Franchisee's request.
- 8.3 Alternate Input Approval. If Fly To Fit Franchise requires Franchisee to purchase a particular Input, and Franchisee desires to purchase an alternate to the Input, then Franchisee must submit a written request for approval and any information, specifications and/or samples requested by Fly To Fit Franchise.
Fly To Fit Franchise will provide Franchisee with written notification of the approval or disapproval of any proposed alternate Input within 30 days after receipt of Franchisee's request.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 35)
What This Means (2024 FDD)
According to the 2024 Fly To Fit Franchise Disclosure Document, franchisees must acquire all required inputs in accordance with Fly To Fit's system standards. Fly To Fit has the right to require franchisees to purchase or lease any inputs from Fly To Fit, Fly To Fit's designee, required vendors, or approved vendors, or under Fly To Fit's specifications. Fly To Fit can also change these requirements or the status of any vendor by issuing the appropriate system standards.
If a Fly To Fit franchisee wants to purchase a particular input from a vendor that is not an approved or required vendor, the franchisee must submit a written request for approval, including any information, specifications, and samples requested by Fly To Fit. Fly To Fit may condition its approval on criteria such as evaluations of the vendor's capacity, quality, financial stability, reputation, and reliability, as well as inspections, product testing, and performance reviews. Fly To Fit will provide written notification of the approval or disapproval of any proposed new vendor within 30 days after receiving the franchisee's request.
Similarly, if a Fly To Fit franchisee wants to purchase an alternate input to one that Fly To Fit requires, the franchisee must submit a written request for approval, including any information, specifications, and samples requested by Fly To Fit. Fly To Fit will provide written notification of the approval or disapproval of any proposed alternate input within 30 days after receiving the franchisee's request. These stipulations mean that a Fly To Fit franchisee cannot sell unapproved goods, even if customers request them, unless they go through the approval process.