What standards must a Fly To Fit franchisee follow when constructing or remodeling the Location?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
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. Franchisee shall at all times and at its own expense comply with all mandatory obligations contained in the Manual and with all other System Standards.
- 7.2 Compliance with Law. Franchisee and the Business shall comply with all laws and regulations. Franchisee and the Business shall obtain and keep in force all governmental permits and licenses necessary for the Business.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, franchisees must construct or remodel their location in accordance with Fly To Fit's System Standards. Franchisees must obtain Fly To Fit's approval of their plans before beginning any construction or remodeling work. Fly To Fit has the option, but not the obligation, to inspect the franchisee's construction or remodeling progress at any reasonable time. The franchisee is also responsible for engaging a licensed architect in the jurisdiction of the location if Fly To Fit requires it.
Fly To Fit may also require franchisees to undertake and complete a remodel of the location to Fly To Fit's satisfaction. The franchisee must complete the remodel within the timeframe specified by Fly To Fit and may be required to submit plans for approval before starting. However, Fly To Fit's right to require a remodel is limited: remodels will not be required during the first two or last two years of the franchise term (unless it's a condition for renewal or transfer), and remodels will not be required more than once every five years from the date of the previous remodel.
It is important to note that Fly To Fit's advice or acceptance of a site does not constitute a representation or warranty of the business's success, and Fly To Fit assumes no liability regarding the location. Additionally, franchisees cannot rely on any information or opinions from Fly To Fit or its representatives regarding architectural, engineering, or legal matters, including compliance with the Americans With Disabilities Act, during development and construction. Fly To Fit's inspection and/or approval to open the business does not represent or warrant that the business has been constructed according to any architectural, engineering, or legal standards.