What condition should the Aira Fitness franchisee return the Pod in upon termination of the lease?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
At the expiration or earlier termination of this Lease or any Schedule, unless Franchisee purchases the Pod or renews this Lease under the Lease or any Schedule, Franchisee, at Franchisee's risk and expense, shall assemble, prepare for shipment, and immediately return each item of Pod to Franchisor's Affiliate to any location designated by Franchisor's Affiliate.
The returned Pod shall be in good condition, repair, and working order, ordinary wear and tear excepted.
Franchisee, upon request of Franchisor's Affiliate, shall provide suitable and adequate storage space at the place where the Pod was delivered hereunder or to which it was moved in accordance with this Lease, and shall permit Franchisor's Affiliate to store such Pod free of charge, and at risk of Franchisee for public liability and physical damage exposures, for a period not to exceed 90 days, during which period Franchisor's Affiliate will be allowed reasonable access thereto.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, upon the expiration or earlier termination of the lease for the Pod, the franchisee is responsible for returning the Pod to a location designated by Aira Fitness's affiliate. The franchisee bears the risk and expense of assembling, preparing for shipment, and immediately returning the Pod.
The key requirement is that the returned Pod must be in good condition, repair, and working order. However, the standard acknowledges that ordinary wear and tear is expected and acceptable. This means that Aira Fitness franchisees are not responsible for damages resulting from normal use of the equipment.
Furthermore, the franchisee must provide suitable storage space for up to 90 days at the location where the Pod was delivered, should Aira Fitness's affiliate request it. During this storage period, the franchisee bears the risk for public liability and physical damage exposures, and Aira Fitness's affiliate is allowed reasonable access to the Pod. This obligation to provide storage, and the associated liability, is an important consideration for franchisees when planning for lease termination or expiration.