Does Aira Fitness consider delivery of the franchise agreement by facsimile or email a valid and effective delivery?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise provided in this Agreement, any notice, demand or communication provided for in this Agreement must be in writing and signed by the party serving the same and (i) delivered personally or (ii) delivered by a reputable overnight service (such as UPS or FedEx) or (iii) deposited in the United States mail, service or postage prepaid, by registered or certified mail, and addressed as follows:
If intended for us, addressed to CEO; AIRA Fitness Franchising, LLC, 600 Route 59, Ingleside, Illinois 60041.
If intended for you, addressed to you at Address for Notices set forth on the Summary Pages or at the Authorized Location; or, in either case, to such other address as may have been designated by notice to the other party.
Any notice by a means which affords the sender evidence of delivery, or rejected delivery, shall be deemed to have been given at the date and time of receipt or rejected delivery.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, the method for delivering notices, demands, or communication is explicitly outlined. To be considered valid, any notice must be in writing, signed by the party sending it, and delivered either personally, via a reputable overnight service like UPS or FedEx, or through the United States mail with prepaid service, sent by registered or certified mail.
For notices intended for Aira Fitness, they should be addressed to the CEO at the company's principal business address in Ingleside, Illinois. If the notice is for the franchisee, it should be sent to the address listed on the Summary Pages or the Authorized Location, unless another address has been designated through prior notice. The FDD specifies that any notice delivered by a method that provides evidence of delivery or rejected delivery is considered given on the date and time of receipt or rejection.
Notably, the FDD does not explicitly mention delivery by facsimile or email as valid methods for delivering the franchise agreement or other official notices. Therefore, a prospective Aira Fitness franchisee should confirm with the franchisor whether these methods are acceptable for delivering legally binding documents and what specific procedures would need to be followed to ensure validity.