What condition must an Aira Fitness developer meet to have rights of first refusal after completing the Development Schedule?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.2 Following the completion of the Development Schedule and the termination of your exclusive rights to the Development Area, provided you are in full compliance with this Agreement, you shall have the rights of first refusal set forth below:
- (a) In the event we seek to establish or license others to establish a Aira Fitness Center within the Development Area, we shall first offer you the option to establish such additional Franchised Business under our then-current terms and conditions. We shall provide you with written notice of our intent to establish or license another to establish an additional Franchised Business along with a general description of the proposed Franchised Business, a copy of the then-current Franchise Disclosure Document and Franchise Agreement and all other documents we deem necessary to include with the notice. You shall have thirty (30) days from the receipt of our notice to exercise the option to establish such additional Franchised Businesses by executing the Franchise Agreement and all other documents we require for such additional Franchised Businesses and to pay the initial fee due under the agreement. If you fail to execute the Franchise Agreement and other required documents and to pay the initial fee required under the Franchise Agreement within the said thirty (30) day period, you shall have no further right to establish or operate such additional Franchised Business. Notwithstanding the foregoing, in the event our bona fide arrangements or agreements with a bona fide third party, the lease restrictions for the proposed premises of the Franchised Business, or other circumstances or conditions related to the establishment of the additional Franchised Business, prevent
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, after completing the Development Schedule and the termination of exclusive rights to the Development Area, an Aira Fitness developer must be in full compliance with the Development Agreement to have rights of first refusal. This means the developer must adhere to all terms and conditions outlined in the agreement.
Specifically, if Aira Fitness seeks to establish or license others to establish an Aira Fitness Center within the Development Area, they must first offer the developer the option to establish the additional franchised business under the current terms and conditions. Aira Fitness will provide written notice of their intent, including a general description of the proposed franchised business, a copy of the current Franchise Disclosure Document and Franchise Agreement, and any other necessary documents.
The developer then has 30 days from receipt of the notice to exercise their option. To do so, they must execute the Franchise Agreement and all other required documents, and pay the initial fee due under the agreement. Failure to comply within this 30-day period results in the developer losing their right to establish or operate the additional franchised business. However, this right of first refusal may be affected by arrangements with third parties, lease restrictions, or other circumstances related to establishing the additional franchised business.