factual

What components are included in the liquidated damages the Aira Fitness franchisee must pay if the Pod is lost or damaged?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

(a) Risk of Loss. From the date the Supplier ships the Pod to Franchisee or the date Franchisor's Affiliate confirms Franchisee's purchase order or contract to Supplier, whichever occurs first, Franchisee hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the Pod from any and every cause whatsoever. NO SUCH LOSS OR DAMAGE SHALL IMPAIR ANY OBLIGATION OF FRANCHISEE UNDER THIS LEASE WHICH SHALL CONTINUE IN FULL FORCE AND EFFECT. In the event of damage or loss to the Pod (or any part thereof) and irrespective of payment from any insurances coverage maintained by Franchisee, but applying full credit therefor, Franchisee shall at the option of Franchisor's Affiliate, (a) place the Pod in good repair, condition and working order; or (b) replace the Pod (or any part thereof) with like equipment in good repair, condition and working order and transfer clear title to such replacement equipment to Franchisor's Affiliate, whereupon such replacement equipment shall be deemed the Pod for all purposes; or (c) pay to Franchisor's Affiliate, not as a penalty, but herein liquidated for all purposes, an amount equal to the sum of (A) any accrued and unpaid rent as of the

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

What This Means (2025 FDD)

According to the 2025 Aira Fitness Franchise Disclosure Document, if the Pod is damaged or lost, the franchisee is responsible for the loss. The franchisee must either repair the Pod, replace it, or pay liquidated damages to Aira Fitness's affiliate.

The liquidated damages include accrued and unpaid rent as of the date of damage or loss. This means that in addition to the cost of repair or replacement, the franchisee is responsible for any outstanding rental payments on the Pod up to the date the damage occurred.

This section of the FDD also states that the franchisee's obligations under the lease continue in full force and effect, irrespective of any loss or damage to the Pod. The franchisee is still responsible for the lease payments, even if the Pod is out of service. The franchisee is also responsible for maintaining insurance coverage on the Pod.

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.