Can Aira Fitness's affiliate assign the lease without notifying the franchisee?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- Assignment. Tenant has the right to assign all of its right, title and interest in the Lease to Aira Fitness or its successor, or either company's affiliates, at any time during the term of the Lease, including any extensions or renewals, without first obtaining Landlord's consent. No assignment will be effective, however, until Aira Fitness or its successor or designated affiliate gives Landlord written notice of its acceptance of the assignment. If Aira Fitness elects to assume the lease under this paragraph or unilaterally assumes the lease as provided for in subparagraphs 3(c) or 4(a), Landlord and Tenant agree that (i) Tenant will remain liable for the responsibilities and obligations, including amounts owed to Landlord, prior to the date of assignment and assumption, and (ii) Aira Fitness will have the right to sublease the Premises to another AIRA FITNESS franchisee, without further need for Landlord approval, provided the franchisee agrees to operate the Aira Fitness Business as an Aira Fitness Business pursuant to a franchise agreement with Aira Fitness. Aira Fitness will be responsible for the lease obligations incurred after the effective date of the assignment.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the tenant (franchisee) has the right to assign their interest in the lease to Aira Fitness or its successor, or either company's affiliates, at any time during the lease term, including extensions or renewals, without the landlord's consent. However, such assignment is not effective until Aira Fitness or its successor or designated affiliate provides the landlord with written notice of its acceptance of the assignment.
If Aira Fitness elects to assume the lease, the franchisee remains liable for responsibilities and obligations, including amounts owed to the landlord, prior to the assignment date. Aira Fitness then has the right to sublease the premises to another Aira Fitness franchisee without further landlord approval, provided the new franchisee agrees to operate the Aira Fitness Business under a franchise agreement with Aira Fitness. Aira Fitness assumes responsibility for lease obligations incurred after the assignment's effective date.
This arrangement benefits Aira Fitness by providing flexibility in managing locations and potentially mitigating losses from struggling franchises. However, the franchisee remains liable for any outstanding obligations before the assignment, which could pose a financial risk if the business is underperforming. Franchisees should ensure they understand their obligations and liabilities under the lease agreement and seek legal counsel if needed.