What constitutes voluntary abandonment of the Aira Fitness franchise?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- F. Period of Operation. Subject to any contrary requirements of state or local law, your Aira Fitness Business must be open to the public and operated 24 hours each day of the year. We also reserve the right to require a minimum number of staffed hours. Any variance from this provision must be authorized by us in writing. You acknowledge and agree that if your Aira Fitness Business is closed for a period of two (2) consecutive days or five (5) or more days in any 12-month period without our prior written consent, such closure constitutes your voluntary abandonment of the franchise and business and we have the right, in addition to other remedies provided for herein, to terminate this Agreement.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, voluntary abandonment can occur if the Aira Fitness business is closed to the public for a specific duration without prior written consent from Aira Fitness. Specifically, if the business is closed for two consecutive days or for five or more days within any 12-month period, it is considered voluntary abandonment. This gives Aira Fitness the right to terminate the Franchise Agreement, in addition to any other remedies they may have.
This provision is significant for prospective franchisees as it highlights the importance of maintaining consistent business operations. Unforeseen circumstances that might lead to temporary closures must be promptly communicated to Aira Fitness and written consent obtained to avoid being in breach of the agreement. Failing to do so could result in the immediate termination of the franchise and loss of investment.
Most franchise agreements include clauses about maintaining consistent operations and adhering to brand standards. The Aira Fitness agreement is more specific by defining the exact number of days of closure that constitute abandonment. This clarity can be beneficial, but it also places a strict obligation on the franchisee to manage their business to avoid unapproved closures.