Can Aira Fitness condition site approval on the execution of a Lease Addendum?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If you propose to occupy the Aira Fitness Business premises pursuant to a lease or sublease ("Lease"), the Lease may not prevent you from performing your obligations under this Agreement, and must permit us to exercise our rights pursuant to this Agreement.
The Lease must be approved by usin writing before it is executed by you and we may condition our approval of a proposed site on the full execution of a Lease Addendum substantially in the form attached as Attachment E to this Agreement.
You must provide us with a copy of the Lease and we have fifteen (15) days to accept or reject the site.
You must deliver to us a fully executed copy of the approved Lease as amended by the Lease Addendum within ten (10) days after its execution.
The parties acknowledge and agree that our approval of a Lease does not mean that the economic terms of the Lease are favorable; it means only that the Lease contains the lease terms that we require.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness may condition its approval of a proposed site on the full execution of a Lease Addendum. The franchisee must provide Aira Fitness with a copy of the lease, and Aira Fitness has fifteen days to either accept or reject the site. Within ten days after execution, the franchisee must deliver a fully executed copy of the approved lease, as amended by the Lease Addendum, to Aira Fitness.
This means that before a franchisee can move forward with a specific location, Aira Fitness has the right to require that a Lease Addendum, in a form provided by Aira Fitness, be fully executed. This addendum likely contains terms that Aira Fitness deems necessary to protect its interests and ensure the franchisee's compliance with the franchise agreement. The franchisee needs to be aware of this requirement and factor in the time needed for Aira Fitness to review and approve the lease and addendum.
It is important to note that Aira Fitness's approval of a lease does not indicate that the economic terms of the lease are favorable. It only signifies that the lease contains the terms that Aira Fitness requires. The franchisee remains responsible for assessing the financial viability of the lease and negotiating favorable terms with the landlord. The Lease Addendum itself states that its provisions are required pursuant to the Franchise Agreement and that the tenant may not lease the premises without this Addendum.
Furthermore, the Lease Addendum specifies certain rights and obligations of both the landlord and Aira Fitness. For example, the landlord agrees to allow the tenant to remodel and decorate the premises according to the franchise agreement, and the tenant has the right to assign the lease to Aira Fitness under certain conditions. The landlord also acknowledges that the tenant is not an agent or employee of Aira Fitness and cannot create any liability on behalf of Aira Fitness.