What is the geographic limit for site selection for a Punch King Fitness franchise?
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 Punch King Fitness's 2024 Franchise Disclosure Document, the geographic limit for site selection is referred to as the "Site Selection Territory." Within one month of signing the Franchise Agreement, the franchisee must find a location for their Punch King Fitness business within this territory, subject to the franchisor's approval.
The franchisor agrees not to establish another Punch King Fitness franchise within the Site Selection Territory until a location is approved for the franchisee or until the one-month Site Selection Period expires. Failure to secure a site within this period constitutes a default of the Franchise Agreement.
Before signing a lease or sublease, the franchisee must submit it to Punch King Fitness for written approval. The franchisor's approval may depend on including provisions that restrict the site's use solely to the franchised business and ensure the lessor consents to the franchisee's use of the franchisor's marks and signage.