Does the Aira Fitness agreement grant any rights to use the Marks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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- B. All capitalized terms not defined in this Section or the Recitals have the meaning given in the text of this Agreement.
2. GRANT OF LICENSE
A. Grant of License. We hereby grant you the right and license, and you undertake the obligation, subject to the terms and conditions of this Agreement (i) to operate a single Aira Fitness Business, (ii) to sell at retail authorized products and services at and from the Aira Fitness Business premises, (iii) to use the Marks in connection with operating and promoting the Aira Fitness Business, and (iv) the right to solicit memberships for the Aira Fitness Business. Whether your Aira Fitness Business will be operated from a Fitness Center or a Pod is identified in the Summary Pages.
The license granted by this Agreement does not include (i) any right to sell services and products identified by the Marks at any location other than the Authorized Location (as defined in Section 2.B below), or through any other channels or methods of distribution, including the internet (or any other existing or future form of electronic commerce), catalog sales, telemarketing or other direct marketing (ii) any right to sell services and products identified by the Marks to any person or entity for resale or further distribution, or (iii) except for the designated area protection described in Section 2.C., any right to exclude, control or impose conditions on our development of
future franchised, company or affiliate owned Aira Fitness Businesses at any time or at any location.
- B. Authorized Location. You must operate the Aira Fitness Business only at the location identified, or to be identified on the Summary Page (the "Authorized Location"). If the Authorized Location is not known at the time this Agreement is signed, you must acquire an acceptable site for the Aira Fitness Business premises no later than ninety (90) days from the Effective Date of this Agreement, at which time you authorize us to insert the Authorized Location on the Summary Page. You must identify a site for the Aira Fitness Business that meets our site selection criteria and that is located within the Preliminary Designated Area identified in the Summary Page (see Section 5.A). You may not use the Aira Fitness Business premises or Authorized Location for any purpose other than the operation of an Aira Fitness Business during the term of this Agreement.
- C. Designated Area. The Preliminary Designated Area identified on the Summary Page, if any, is the general location where you intend to secure a site for the Aira Fitness Business. If a Preliminary Designated Area isspecified on the Summary Page, we will not grant anyone else the right to develop or operate an Aira Fitness Business in the Preliminary Designated Area for ninety (90) days from the Effective Date of this Agreement. Once the Authorized Location has been identified, you hereby authorize us to define in Attachment A a "Designated Area" around the Authorized Location; provided that such Designated Area will be substantially the same as the Preliminary Designated Area in terms of size, shape and/or demographics.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees are granted the right to use Aira Fitness's marks under specific terms and conditions. Aira Fitness grants the franchisee the right and license to operate a single Aira Fitness Business, sell authorized products and services at the business premises, use the marks in connection with operating and promoting the business, and solicit memberships for the Aira Fitness Business. This license is subject to the terms and conditions outlined in the franchise agreement. The marks that the franchisee has the right to use are AIRA FITNESS and the AIRA FITNESS design.
However, the license does not extend to selling services and products identified by the marks at any location other than the authorized location, or through any other distribution channels, including the internet. It also does not include the right to sell services and products for resale or further distribution. Except for the designated area protection, the license does not grant any right to exclude, control, or impose conditions on Aira Fitness's development of future franchised, company, or affiliate-owned Aira Fitness Businesses.
The franchisee's use of the marks must adhere to Aira Fitness's standards and requirements, including compliance with trademark, trade name, and service mark notice marking requirements. Franchisees cannot use any marks not listed in Attachment A of the agreement or as otherwise directed in writing by Aira Fitness. Upon termination of the agreement, all rights to use the marks revert to Aira Fitness, and the franchisee must cease all use and display of the marks.