Can a Fly To Fit franchisee use the copyrighted materials during the term of the franchise?

According to Fly To Fit's 2024 Franchise Disclosure Document, a franchisee is granted the right to use the brand's trademarks and copyrighted materials during the term of the franchise agreement, but only in compliance with the agreement's terms. Fly To Fit specifies the marks that franchisees must use and the manner in which they are to be used. The franchisee has no rights in the marks other than the right to use them in the operation of the business in compliance with the Franchise Agreement. All use of the marks by the franchisee and any goodwill associated with the marks will inure to the exclusive benefit of Fly To Fit.

Fly To Fit retains the right to add, modify, or discontinue any marks used under the system, and the franchisee must comply with these changes at their own expense within a reasonable time. This means a franchisee must stay updated with the brand's current marketing and branding strategies and be prepared to invest in any changes implemented by Fly To Fit. The franchisee is responsible for ensuring that all marketing and advertising activities are approved by Fly To Fit, reinforcing the franchisor's control over brand representation.

Upon termination or expiration of the Franchise Agreement, the franchisee’s right to use the copyrighted materials ceases. The franchisee must return all materials containing any marks, copyrights, and other proprietary items to Fly To Fit. Additionally, the franchisee must notify all relevant entities (telephone, internet, email, etc.) of the termination of their right to use any numbers, addresses, domain names, and listings associated with the marks, and authorize their transfer to Fly To Fit.