What is the Punch King Fitness franchisee's responsibility regarding the Territory Addendum?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 1. Within 1 month after the execution of the Franchise Agreement (the Site Selection Period), Franchisee shall acquire or lease, at Franchisee's expense, a location for the Punch King Fitness Franchised Business franchised under the Franchise Agreement (the Franchised Business) at a site approved by Franchisor as hereinafter provided.
Such location shall be within the following area: __________________________ (the Site Selection Territory).
The Site Selection Territory is described solely for the purpose of selecting a site for the Franchised Business.
2. Franchisor shall not establish nor license another to establish; a Punch King Fitness Franchised Business within the Site Selection Territory until Franchisor approves of a location for the Franchised Business or until the expiration of the Site Selection Period, whichever event occurs first.
3. Failure by Franchisee to acquire or lease a site for the Franchised Business within the Site Selection Period shall constitute a default of the Franchise Agreement and this Site Selection Addendum.
4. If Franchisee occupies the Site of the Franchised Business under a lease or sublease, Franchisee shall, prior to the execution thereof, submit such lease to Franchisor for its written approval.
Franchisor's approval of the lease or sublease may be conditioned upon the inclusion of such provisions as Franchisor may reasonably require, including, without limitation:
(a) A provision that restricts the use of the Site solely to the operation of the Franchised Business;
(b) The lessor will consent to Franchisee's use of such Marks and signage as Franchisor may prescribe for the Franchised Business;
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
According to the 2024 Punch King Fitness Franchise Disclosure Document, the franchisee has responsibilities related to site selection within a defined territory. Within one month of signing the Franchise Agreement, the franchisee must find a location for their Punch King Fitness franchise within the Site Selection Territory. This location is subject to the Franchisor's approval.
The Site Selection Territory is specifically for choosing a site. Punch King Fitness will not establish or license another franchise within this territory until a location is approved or the Site Selection Period ends.
Failure to secure a site within the Site Selection Period constitutes a default of both the Franchise Agreement and the Site Selection Addendum. If the franchisee leases or subleases the site, the lease must be submitted to Punch King Fitness for written approval before execution, potentially requiring specific provisions requested by Punch King Fitness, such as restricting the site's use solely to the franchised business and ensuring the lessor consents to the franchisee's use of Punch King Fitness's marks and signage.