How does Aira Fitness account for pre-opening activities that are not brand specific?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
er, until we have notified you in writing that you have satisfied your pre-opening obligations as identified in Sections 5.A and 5.B and we have approved your opening date. We are not responsible or liable for any of your pre-opening obligations, losses
or expenses you might incur for your failure to comply with these obligations or your failure to open by a particular date. We also are entitled to injunctive relief or specific performance under Section 13.B for your failure to comply with your obligations. Further, if you fail to open the Aira Fitness Business in the timeframe required by this Agreement, we may, in our sole and unilateral judgment, (i) exercise our termination rights in accordance with Section 14; or (ii) amend this Agreement to eliminate the Designated Area protection afforded by Sections 2.B and 2.C.
- E. Maintenance. The building (exterior and interior), equipment, fixtures, signage and trade dress employed in the operation of your Aira Fitness Business must be maintained and refreshed in accordance with our requirements established periodically and any of our reasonable schedules prepared based upon our periodic evaluations of the premises. Within a period of thirty (30) days (as we determine depending on the work needed) after the receipt of any particular report prepared following such an evaluation, you must affect the items of maintenance we designate, including the repair of defective equipment and items such as carpet and/or the replacement of irreparable or obsolete items of equipment and signage. If, however, any condition presents a threat to members or to public safety, you must affect the items of maintenance immediately, as further described in Section 6.F. If you fail to complete the required maintenance, we reserve the right (but no obligation) to do so on your behalf and you must reimburse us for our costs and expenses.
- F. Modernization. From time to time as we require, you must modernize and/or replace items of the trade dress or equipment as may be necessary for your Aira Fitness Business to conform to the standards for similarly situated new Aira Fitness Businesses. For instance, we require that you modernize the Aira Fitness Business within five years of the Effective Date of this Agreement. We also require that you replace all fitness equipment within three years of the Effective Date of this Agreement. A transfer of any interest in this Agreement or your business governed by Section 11 or renewal covered by Section 4 is expressly conditioned upon your (or the transferee, as applicable) modernizing the Aira Fitness Business to conform to the standards for new Aira Fitness Businesses. You acknowledge and agree that the requirements of this Section are both reasonable and necessary to ensure continued public acceptance and patronage of the Aira Fitness Business and to avoid deterioration in connection with the operation of your Aira Fitness Business.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Aira Fitness does not assume responsibility or liability for any pre-opening obligations, losses, or expenses incurred by the franchisee due to failure to comply with obligations or failure to open by a specific date. The franchisee is solely responsible for all pre-opening activities and expenses. Aira Fitness may seek legal remedies such as injunctive relief or specific performance if the franchisee fails to meet their obligations.
Specifically, the franchisee is responsible for securing a site for the Aira Fitness Business and must submit basic plans and specifications for approval, consistent with Aira Fitness's design and layout requirements. The franchisee must also purchase or lease approved equipment, fixtures, furniture, and signs, and complete their installation and decoration in compliance with approved plans, applicable ordinances, building codes, and permit requirements. Additionally, the franchisee must obtain all necessary permits, licenses, and architectural seals, and comply with legal requirements, including the Americans With Disabilities Act, as well as secure required zoning changes, building, utility, and sign permits and licenses.
The franchisee must open the Aira Fitness Business within 180 days from the Effective Date. However, the franchisee cannot open for business until Aira Fitness confirms in writing that all pre-opening obligations have been met and approves the opening date. Failure to open the Aira Fitness Business within the required timeframe may result in Aira Fitness exercising its termination rights or amending the agreement to eliminate the Designated Area protection. This means that the franchisee bears the full risk and responsibility for all aspects of pre-opening activities, with Aira Fitness retaining significant control over the process and the right to penalize non-compliance.