Who bears the cost of curing a Default under the Aira Fitness Guaranty for Aira Fitness?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, the responsibility for covering the costs associated with curing a default under the lease can fall on either the franchisee (Tenant) or Aira Fitness itself, depending on the circumstances and agreements in place.
Specifically, if the franchisee defaults on the lease, Aira Fitness has the option, but not the obligation, to step in and cure the default to preserve the lease and continue operations. If Aira Fitness chooses to cure the default, it would bear the costs associated with doing so. However, the franchisee is ultimately responsible for maintaining the premises and fulfilling their obligations under the Franchise Agreement.
Furthermore, if Aira Fitness elects to operate the business temporarily due to the franchisee's default, the franchisee is responsible for indemnifying Aira Fitness against any claims arising from this operation. Additionally, if the franchisee fails to maintain the premises as required, Aira Fitness has the right to perform the maintenance and charge the costs to the franchisee. In cases of termination, the franchisee is liable for costs Aira Fitness incurs to remove signage and materials if the franchisee fails to do so within thirty days.