How is the 'Location' of a Fly To Fit franchise determined if it is not stated on the Summary Page?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
"Location" means the location stated on the Summary Page. If no location is stated on the Summary Page, then the Location will be determined in accordance with Section 6.1.
ARTICLE 6. LOCATION, DEVELOPMENT, AND OPENING
6.1 Determining Location and Territory. If the Location and Territory are not stated on the Summary Page:
- (i) Franchisee shall find a potential Location within the Development Area described on the Summary Page.
Franchisee shall submit its proposed Location to Fly To Fit Franchise for acceptance, with all related information Fly To Fit Franchise may request.
If Fly To Fit Franchise does not accept the proposed Location in writing within 30 days, then it is deemed rejected.
- (ii) When Fly To Fit Franchise accepts the Location, it will issue a Location Acceptance Letter in the form of Attachment 2 which states the Location and Territory.
Fly To Fit Franchise shall determine the Territory in its good faith discretion, substantially in accordance with Item 12 of the Franchise Disclosure Document.
- (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.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the 'Location' of the franchise is typically stated on the Summary Page of the franchise agreement. However, if no location is specified on the Summary Page, Section 6.1 of the franchise agreement dictates how the location will be determined.
Specifically, the franchisee is responsible for finding a potential location within the Development Area outlined on the Summary Page. The franchisee must then submit this proposed location to Fly To Fit for approval, including any related information the franchisor requests. Fly To Fit has 30 days to either accept or reject the proposed location in writing; failure to respond within this timeframe is considered a rejection.
Upon acceptance of the location, Fly To Fit will issue a Location Acceptance Letter, which officially states the Location and Territory. It is important to note that Fly To Fit's advice or acceptance of a site does not guarantee the success of the business, and Fly To Fit assumes no liability regarding the chosen location.