factual

Does the tenant have the right to assign or sublet the lease to Fly To Fit?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

    1. Assignment and Subletting. Notwithstanding any provision of the Lease to the contrary, Tenant shall have the right to assign or sublet the Lease to Franchisor, provided that no such assignment or sublease shall relieve Tenant or any guarantor of liability under the Lease. If Franchisor becomes the lessee of the Leased Premises, then Franchisor shall have the right to assign or sublease its lease to a franchisee of the Fly To Fit brand. Any provision of the Lease which limits Tenant's right to own or operate other Fly To Fit outlets in proximity to the Leased Premises shall not apply to Franchisor.

Source: Item 23 — RECEIPTS (FDD pages 44–134)

What This Means (2024 FDD)

According to Fly To Fit's 2024 Franchise Disclosure Document, the tenant, who is the franchisee, does have the right to assign or sublet the lease to Fly To Fit. However, the franchisee remains liable under the lease even after the assignment or sublease. This means that if Fly To Fit, as the new lessee, defaults on the lease, the original franchisee could still be held responsible for the financial obligations.

Furthermore, if Fly To Fit becomes the lessee, it has the right to assign or sublease the lease to another Fly To Fit franchisee. This provides Fly To Fit with flexibility in managing its franchise network and allows for the potential transfer of locations between franchisees. Any provision in the lease that limits the tenant's right to own or operate other Fly To Fit outlets in proximity to the leased premises does not apply to Fly To Fit itself.

This arrangement benefits Fly To Fit by giving it control over the location if a franchisee exits the system. It also protects the landlord by ensuring continued operation of a Fly To Fit business at the location. For the franchisee, it offers an exit strategy, although they remain liable unless the landlord agrees otherwise. Prospective franchisees should carefully review the lease agreement and understand their obligations even after assigning or subletting the lease to 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.