factual

How can the Aira Fitness agreement be modified, besides modifications made unilaterally by the franchisor?

Q: How can the Aira Fitness agreement be modified, besides modifications made unilaterally by the franchisor?

- 9.3 Court Modification of Agreement**.** You agree that this form of Agreement is prepared for use in many jurisdictions with differing public policies and that such public policies change. Accordingly, you agree that the prevailing non-competition restrictions set forth above may be modified by a Court to the extent necessary to make the non-competition agreements valid and enforceable against you. - 6. Modification. No amendment or variation of the terms of this Addendum is valid unless made in writing and signed by the parties and the parties have obtained Aira Fitness's written consent. Source: Item 23 — **RECEIPTS (FDD pages 59–254)

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

9.3 Court Modification of Agreement**.** You agree that this form of Agreement is prepared for use in many jurisdictions with differing public policies and that such public policies change. Accordingly, you agree that the prevailing non-competition restrictions set forth above may be modified by a Court to the extent necessary to make the non-competition agreements valid and enforceable against you.
1. Modification. No amendment or variation of the terms of this Addendum is valid unless made in writing and signed by the parties and the parties have obtained Aira Fitness's written consent.

Source: Item 23 — **RECEIPTS (FDD pages 59–254)

What This Means (2025 FDD)

According to the 2025 Aira Fitness FDD, the franchise agreement can be modified through a court's intervention regarding non-competition restrictions. Specifically, the FDD states that because the agreement is used across many jurisdictions with differing public policies, a court may modify the non-competition restrictions to ensure they are valid and enforceable. This acknowledges that the standard non-compete terms might not be applicable or enforceable in every location without adjustment.

Additionally, the addendum to the lease agreement between the landlord and the tenant (franchisee) can be modified if the changes are made in writing, signed by all parties involved (landlord, tenant, and Aira Fitness), and with Aira Fitness's written consent. This ensures that any alterations to the lease that could affect the Aira Fitness business must be approved by Aira Fitness to protect their interests and standards.

These modifications provide a franchisee with some avenues to adapt the franchise agreement or related lease terms, but they are subject to legal review or the franchisor's approval, maintaining Aira Fitness's control over key aspects of the franchise operation and brand consistency.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.

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