What conditions apply to the transfer of an Aira Fitness franchise to the spouse or child of a deceased, disabled, or incapacitated owner?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If any individual who is an Owner dies or becomes disabled or incapacitated and the decedent's or disabled or incapacitated person's heir or successor-in-interest wishes to continue as an Owner, such person or entity must apply for our consent under Section 12.B, comply with the training requirements of Section 7.B, pay the transfer fee, if applicable, under Section 12.C, and satisfy the transfer conditions under Section 12.C, as in any other case of a proposed transfer, all within one hundred eighty (180) days of the death or event of disability or incapacity.
During any transition period to an heir or successor-in-interest, the Aira Fitness Business still must be operated in accordance with the terms and conditions of this Agreement.
If the transferee of the decedent or disabled or incapacitated person is the spouse or child of such person, the transfer conditions in Section 12.C will apply; provided no transfer fee will be payable to us and we will not have a right of first refusal as stated in Section 12.E.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, if an owner dies, becomes disabled, or incapacitated, their heir or successor can apply to continue as an owner. This requires applying for consent under Section 12.B, meeting the training requirements in Section 7.B, and satisfying the transfer conditions in Section 12.C, all within 180 days of the triggering event. During the transition, the Aira Fitness business must continue operating under the existing franchise agreement terms.
If the heir is the spouse or child of the deceased, disabled, or incapacitated person, the transfer conditions in Section 12.C still apply. However, Aira Fitness will waive the transfer fee and will not exercise its right of first refusal, which it would normally have under Section 12.E. This provides some relief to the immediate family during a difficult time, making the transfer process somewhat easier and more affordable.
In practical terms, while the spouse or child won't have to pay a transfer fee or worry about Aira Fitness exercising a right of first refusal, they still need to meet Aira Fitness's other transfer requirements. These requirements likely include demonstrating that they have the qualifications to run the franchise, complying with training, and executing required transfer documents and general releases. The successor will need to act quickly, as all requirements must be met within 180 days.