Does the Aira Fitness agreement prohibit a Developer from employing or soliciting employees of Aira Fitness or its franchisees?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.2 Developer specifically acknowledges that, pursuant to this Agreement, Developer will have access to the Confidential Information. Accordingly, Developer covenants that Developer and its Owners shall not, for a period of two (2) years after the expiration or termination of this Agreement, regardless of the cause of termination, either directly or indirectly, for itself, or through, on behalf of, or in conjunction with any person, persons, or entity:
- (c) employ or seek to employ any person employed by us or our affiliate or by any other Aira Fitness Center franchisee, or otherwise directly or indirectly induce or seek to induce such person to leave his or her employment;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the agreement places restrictions on a developer's ability to hire or solicit employees from Aira Fitness or its franchisees, specifically after the agreement expires or terminates. This restriction is in place for a period of two years.
During this two-year period after the agreement's expiration or termination, the developer is prohibited from directly or indirectly employing or attempting to employ anyone who is currently employed by Aira Fitness, its affiliates, or any other Aira Fitness franchisee. The developer is also barred from inducing or attempting to induce such individuals to leave their employment. This measure is designed to protect Aira Fitness and its franchisees from losing valuable employees to former developers who might use their knowledge of the system to their advantage in a competing business.
This type of restriction is common in franchise agreements to protect the franchisor's and franchisees' investment in training and employee development. It prevents a departing franchisee or developer from poaching trained staff and potentially disrupting the operations of existing Aira Fitness locations. The restriction applies regardless of the reason for the agreement's termination, ensuring consistent protection for the Aira Fitness system.