What are the specific obligations of a Punch King Fitness franchisee
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee may not and is not granted the right to use other channels of distribution, such as the internet, catalog sales, telemarketing, or other direct marketing, to make sales outside of your Territory or operate using other Model Concepts unless we give you written consent to serve another specified area where no other Punch King Fitness franchise or company-owned unit is located. Franchisee acknowledges and agrees to obtain the prior written consent of Franchisor before advertising, offering, or selling beyond the aforementioned grant herein. If Franchisee is granted consent to service another specified area, Franchisee covenants and agrees to be obligated to pay royalty fees and other fees to Franchisor for the services performed or products sold.
Franchisee specifically acknowledges and agrees that any Website (as defined below) is "advertising" under this Agreement and is subject to (among other things) Franchisor's approval. As used in this Agreement, the term Website means an interactive electronic document, a series of symbols, or otherwise, that is contained in a network of computers or other devices linked by communications software. The term Website includes, but is not limited to, the internet, World Wide Web home pages, URL addresses, and Social Media accounts and pages. In connection with any Website, Franchisee agrees to the following:
1. Franchisor shall have the right, but not the obligation, to establish and maintain a Website, which may, without limitation, promote the Marks, any or all of the Permitted Products and Services, Punch King Fitness Franchised Business, the franchising of Punch King Fitness Franchised Business, and/or the System.
2. Franchisor shall have the sole right to control all aspects of the Website, including, but not limited to, its design, content, functionality, links to the websites of third parties, legal notices, and policies and terms of usage.
Franchisor shall also have the right to discontinue the operation of the Website.
- 3. Franchisor shall have the right, but not the obligation, to designate one or more web pages to describe Franchisee, the Franchise, or the Franchised Business, with such web pages to be located within Franchisor's Web site.
Franchisee shall comply with Franchisor's policies with respect to the creation, maintenance, and content of any such web pages, and Franchisor shall have the right to limit and discontinue the content and operation of such a Website and web pages.
Franchisee acknowledges and agrees that every detail of the System is essential, not only to Franchisee but also to Franchisor, and other Punch King Fitness franchisees, to develop and maintain high and uniform operating standards, to increase the demand for the products and services offered by all franchisees, to establish and maintain a reputation for uniform, efficient, high-quality products and services, and to protect the goodwill of all Punch King Fitnessfranchises. Franchisee further acknowledges and agrees that a fundamental requirement of the System, this Agreement, and other Punch King Fitness franchises are adherence by all Franchisees to the uniform specifications, standards, operating procedures, and rules prescribed by Franchisor for the development and operation of the Franchised Business (collectively referred to as System Standards).
In order to assure maximum uniformity of quality and service in all treatments provided by all Punch King Fitness employees and staff, Franchisee agrees to follow the procedures prescribed by Punch King Fitness methods strictly. As Franchisor develops or learns of improvements, enhancements, or innovations in the procedures and techniques embodied in the Punch King Fitness Method, Franchisor will disseminate such information to all franchisees of the system and authorize their use in the Franchised Business. In return and in consideration, therefore, Franchisee agrees that any idea or suggested innovation or variation that may tend to enhance or improve the Punch King Fitness Method that Franchisee develops, discovers, or otherwise becomes aware of during the term of this Agreement shall be submitted to Franchisor for its evaluation for adoption and use, and Franchisee agrees that all proprietary rights to such ideas, innovations, improvements, enhancements, or variations created or acquired by Franchisee or any of its employees shall belong exclusively to Franchisor and may be made available to all Punch King Fitness and Punch King Fitness franchisees and Punch King Fitness licensees.
Franchisee shall require Franchisee's Principals, directors, officers, and managers, at the time of the commencement of their association with Franchisee, to execute confidentiality agreements, in a form approved by Franchisor, requiring that all information is proprietary or confidential hereunder that may be acquired by or imparted to such persons in connection with their association with Franchisee be held in strict confidence and used solely for the benefit of Franchisee's Franchised Business and Franchisor, at all times during Franchisor's association with Franchisee and thereafter. Such covenants shall include specific identification of Franchisor as a third-party beneficiary of such covenants with the independent right to enforce the same.
You must maintain a designated full-time on-premise manager of the franchised business who we approve devotes his/her full-time and energy to the operation of the Franchised Business and successfully complete the initial training program to our satisfaction. The designated on-site manager must sign a confidentiality, non-solicitation, and non-competition agreement in a form that is satisfactory to us.
Franchisor may also require that Franchisee (and/or its Designated Manager), employees, and contractors attend such refresher courses, seminars, and other training programs as Franchisor may reasonably require from time to time.
Franchisor may require Franchisee (or if Franchisee is other than an individual, the Designated Manager) to attend a regional or national meeting of Punch King Fitness franchisees at a location within the United States designated by Franchisor. Franchisor reserves the right to charge Franchisee a fee for such meetings. This provision shall not be construed to require Franchisor to hold, provide, sponsor, host, or organize any such meetings.
For all training courses, seminars, and programs, Franchisor shall provide instructors and training materials, provided that Franchisor reserves the right to charge a fee for a refresher, remedial, and additional training it provides. Franchisee shall bear the cost of all other expenses for its attendees during the training period, including, without limitation, the costs of transportation, lodging, meals, wages, and workers' compensation insurance.
The site for a Punch King Fitness Training Facility Franchised Business is a real property space (the Site). We do not select the site for your Punch King Fitness Franchised Business. We approve the Site for your Franchised Business (Section IV of the Franchise Agreement) (Article III of the Area Development Agreement).
For your Site, we provide building specifications for your real property space, we review your design plans, you must retain a licensed architect, and you must obtain a feasibility study prepared by a qualified third party (Section IV of the Franchise Agreement).
We provide you with the standards, specifications, and a list of designated and approved suppliers for all décor, equipment,signs, fixtures, opening inventory,supplies, products, and other materials you will need to operate the franchised business. We do not deliver or install equipment for your site. Our parent, Punch King, LLC, is the sole exclusive supplier of Punch King Punching bags, training equipment, protective gear, flooring, and hanging rack systems to Punch King Fitness franchisees. We are not currently an approved supplier to our franchisees. Delivery is provided, but not installation. (Section VI of the Franchise Agreement).
In addition to laws governing business generally, such as the Americans with Disabilities Act, Federal Wage and Hour Laws, and the Occupation, Health and Safety Act, your Punch King Fitness Franchised Business will be subject to and have to comply with no industry-specific laws or regulations that we are aware.
There may also be state and local statutes, regulations, laws, licensure requirements, and ordinances specific to your state or local area. You are responsible for investigating and complying with all laws affecting your Franchised Business.
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, franchisees have several obligations related to operating their franchise. Franchisees must adhere to the uniform specifications, standards, operating procedures, and rules prescribed by Punch King Fitness for the development and operation of the Franchised Business, referred to as System Standards. Franchisees must also follow the procedures prescribed by Punch King Fitness methods strictly to assure maximum uniformity of quality and service. Franchisees are obligated to submit any ideas or suggested innovations to the Punch King Fitness Method to the franchisor for evaluation and adoption. Franchisees must also ensure that their employees and managers sign confidentiality agreements.
Franchisees are responsible for selecting a site for their Punch King Fitness Training Facility, and while Punch King Fitness provides building specifications and reviews design plans, the franchisee must retain a licensed architect and obtain a feasibility study. Franchisees are also responsible for investigating and complying with all laws affecting their Franchised Business, including federal, state, and local statutes, regulations, laws, and licensure requirements. Franchisees are generally required to use designated and approved suppliers for all décor, equipment, signs, fixtures, opening inventory, supplies, products, and other materials. Punch King, LLC, is the sole exclusive supplier of Punch King Punching bags, training equipment, protective gear, flooring, and hanging rack systems to Punch King Fitness franchisees.
Franchisees must maintain a designated full-time on-premise manager who devotes their full-time and energy to the operation of the Franchised Business and successfully completes the initial training program. The designated on-site manager must sign a confidentiality, non-solicitation, and non-competition agreement. Franchisees (or their Designated Manager) may be required to attend regional or national meetings of Punch King Fitness franchisees and may be charged a fee for such meetings. Franchisees may also be required to attend refresher courses, seminars, and other training programs as reasonably required by Punch King Fitness. Franchisees are responsible for the costs of transportation, lodging, meals, wages, and workers' compensation insurance for their attendees during training periods.
Franchisees are restricted from using other channels of distribution, such as the internet, catalog sales, or telemarketing, to make sales outside of their Territory or operate using other Model Concepts without written consent from Punch King Fitness. Franchisees must obtain prior written consent before advertising, offering, or selling beyond their granted territory. Franchisees also acknowledge that any Website is considered "advertising" and is subject to Punch King Fitness's approval. Franchisees must comply with Punch King Fitness's policies regarding the creation, maintenance, and content of any web pages related to the franchise.