What are the obligations of a Fly To Fit franchisee regarding their location lease?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
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.**
- 6.2 Lease. In connection with any lease between Franchisee and the landlord of the Location: (i) if requested by Fly To Fit Franchise, Franchisee must submit the proposed lease to Fly To Fit Franchise for written approval, (ii) the term of the lease (including renewal terms) must be for a period of not less than the term of this Agreement, and (iii) Franchisee shall use commercially reasonable efforts to obtain the landlord's signature to a rider to the lease in the form required by Fly To Fit Franchise.
- 6.3 Development. Franchisee shall construct (or remodel) and finish the Location in conformity with Fly To Fit Franchise's System Standards. If required by Fly To Fit Franchise, Franchisee shall engage the services of an architect licensed in the jurisdiction of the Location. Franchisee shall not begin any construction or remodeling work without first obtaining Fly To Fit Franchise's approval of Franchisee's plans. Fly To Fit Franchise may, but is not required to, inspect Franchisee's construction or remodeling progress at any reasonable time. Franchisee shall not rely upon any information provided or opinions expressed by Fly To Fit Franchise or its representatives regarding any architectural, engineering, or legal matters (including without limitation the Americans With Disabilities Act) in the development and construction of the Business, and Fly To Fit Franchise assumes no liability with respect thereto. Fly To Fit Franchise's inspection and/or approval to open the Business is not a representation or a warranty that the Business has been constructed in accordance with any architectural, engineering, or legal standards.
- 6.4 New Franchisee Training. Franchisee's Principal Executive must complete Fly To Fit Franchise's training program for new franchisees to Fly To Fit Franchise's satisfaction at least four weeks before opening the Business.
- 6.5 Conditions to Opening. Franchisee shall notify Fly To Fit Franchise at least 30 days before Franchisee intends to open the Business to the public. Before opening, Franchisee must satisfy all of the following conditions: (1) Franchisee is in compliance with this Agreement, (2) Franchisee has obtained all applicable governmental permits and authorizations, (3) the Business conforms to all applicable System Standards, (4) Fly To Fit Franchise has inspected and approved the Business, (5) Franchisee has hired sufficient employees, (6) Franchisee's officers and
employees have completed all of Fly To Fit Franchise's required pre-opening training; and (7) Fly To Fit Franchise has given its written approval to open, which will not be unreasonably withheld.
6.6 Opening Date. Franchisee shall open the Business to the public on or before the date stated on the Summary Page.
ARTICLE 7. OPERATIONS
- 7.1 Compliance with Manual and System Standards.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, franchisees have specific obligations regarding their location lease. If Fly To Fit requests, a franchisee must submit the proposed lease to Fly To Fit for written approval. The lease term, including any renewal terms, must be no less than the term of the Franchise Agreement itself. Additionally, franchisees must use commercially reasonable efforts to get the landlord to sign a rider to the lease, using the form required by Fly To Fit. These stipulations ensure that Fly To Fit has some control over the lease terms and that the franchisee's lease aligns with the duration of the franchise agreement.
Fly To Fit also outlines the process for determining the location and territory. The franchisee is responsible for finding a potential location within the designated Development Area and submitting it to Fly To Fit for approval, along with any related information requested by Fly To Fit. Fly To Fit has 30 days to either accept or reject the proposed location in writing. If Fly To Fit accepts the location, they will issue a Location Acceptance Letter, which specifies both the location and the territory. Fly To Fit determines the territory at its discretion, following guidelines in Item 12 of the Franchise Disclosure Document. If Fly To Fit fails to define the territory in writing within 60 days after the franchisee opens the business, the territory will default to the zip codes including and immediately surrounding the franchised business location, encompassing a total population of 200,000.
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 location. The franchisee is responsible for constructing or remodeling the location to meet Fly To Fit's System Standards and must obtain Fly To Fit's approval for any construction or remodeling plans. While Fly To Fit may inspect the construction or remodeling progress, franchisees cannot rely on any information or opinions from Fly To Fit regarding architectural, engineering, or legal matters, including compliance with the Americans With Disabilities Act. This allocation of responsibility highlights the franchisee's role in ensuring the location meets all necessary standards and regulations, with Fly To Fit providing oversight but not assuming liability for these aspects.