factual

What is the notification timeframe required for a Fly To Fit franchisee to elect to renew their agreement?

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, the initial term of the franchise agreement is 10 years. A Fly To Fit franchisee has the option to enter into a successor agreement for up to two additional periods, each lasting 5 years.

To renew the agreement, the franchisee must notify Fly To Fit of their election to renew within a specific timeframe. This notification must occur between 90 and 180 days prior to the end of the current term. This allows Fly To Fit ample time to assess the franchisee's compliance and make necessary arrangements for the renewal.

In addition to providing timely notice, the Fly To Fit franchisee must also be in full compliance with the existing franchise agreement and any other agreements with Fly To Fit or its affiliates, both at the time of election and at the time of renewal. The franchisee may also be required to make renovations and changes to the business to meet the then-current System Standards, including potential remodels. Furthermore, the franchisee must execute Fly To Fit's current standard franchise agreement and related documents, which may contain materially different terms and fees, and provide a general release of 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.