Can an Ifly franchisee permit the Equipment to be used for purposes other than its intended design?
Ifly Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.3. Minimum Safety Standards. Use of the Equipment shall remain under the Franchisee's exclusive direction and control. Franchisee shall not permit the Equipment to be used for any purpose other than that for which it was designed, nor allow it to be neglected or abused. Franchisee shall not make any alterations or additions to the Equipment without Franchisor's prior written consent. Franchisee will be responsible for assuring the careful and proper training in and use of the Equipment including, but not limited to, adherence to all of the training requirements and safety standards published by Franchisor and the supervision by Franchisee's properly trained personnel. Such safety standards represent only the minimum standards and Franchisee shall be responsible for monitoring and implementing any additional or more stringent safety standards that may be required at the Location. Franchisee shall provide such access controls, placards, lock-outs and cautions as may be required or advisable to insure the safe use and operation of the Equipment.
- 7.4. Suspension of Operations for Safety Reasons. Franchisee shall immediately cease all use of the Equipment in the event that Franchisee, its agents or employees, become aware of any material defect in the Equipment or material condition requiring repair, adjustment or replacement or any other condition which, in Franchisor's judgment, is likely to pose a significant risk to public health or safety. In addition to Franchisor's other rights and remedies hereunder, if Franchisor notifies Franchisee of its reasonable belief that the operation of the Equipment in its then current state poses a significant risk to public health and safety, then immediately upon receipt of written notice from Franchisor, Franchisee shall temporarily close the Location and cease operation of upon receipt of written notice from Franchisor and shall not re-open the Location or permit members of the public to use the Equipment until the situation has been resolved and Franchisee has received written permission from Franchisor to resume operations.
Source: Item 23 — Receipts (FDD pages 57–174)
What This Means (2024 FDD)
According to the 2024 Ifly Franchise Disclosure Document, an Ifly franchisee is explicitly prohibited from using the Equipment for any purpose other than its intended design. The franchisee also cannot allow the Equipment to be neglected or abused. Furthermore, the franchisee is not allowed to make any alterations or additions to the Equipment without Ifly's prior written consent.
This restriction ensures that the Equipment is used safely and in accordance with Ifly's standards. The franchisee is responsible for the careful and proper training in and use of the Equipment, including adherence to all training requirements and safety standards published by Ifly. This includes supervision by properly trained personnel. These safety standards are considered minimum standards, and the franchisee is responsible for monitoring and implementing any additional or more stringent safety standards that may be required at the Location.
The franchisee must provide access controls, placards, lock-outs, and cautions as necessary to ensure the safe use and operation of the Equipment. If a franchisee, its agents, or employees become aware of any material defect in the Equipment or any condition that poses a significant risk to public health or safety, they must immediately cease all use of the Equipment. If Ifly notifies the franchisee of its reasonable belief that the operation of the Equipment poses a significant risk, the franchisee must temporarily close the Location and cease operation until the situation is resolved and Ifly provides written permission to resume operations.
These regulations are typical in franchise agreements, especially those involving specialized equipment, to maintain brand consistency, safety, and operational standards. An Ifly franchisee must adhere strictly to these guidelines to avoid violating the franchise agreement and to ensure the safety of its customers and staff.