In the context of the Addendum, what rights does Aira Fitness Franchising LLC have as a third-party beneficiary?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Aira Fitness Franchising LLC is a third-party beneficiary of this Addendum, with independent rights of enforcement.
- (b) References to the Lease and to the Franchise Agreement include all amendments, addenda, extensions, and renewals to the documents.
- (c) References to Landlord, Tenant, and Aira Fitness include the successors and assigns of each of the parties.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Aira Fitness Franchising LLC is designated as a third-party beneficiary within the context of the Addendum. This designation grants Aira Fitness independent rights of enforcement, meaning they can independently take action to ensure the terms of the Addendum are upheld.
This is significant for a prospective Aira Fitness franchisee because it clarifies Aira Fitness's role and authority concerning agreements made between the franchisee (as the tenant) and the landlord. Aira Fitness's rights as a third-party beneficiary enable them to protect their interests and standards, ensuring that the franchisee's operations align with the brand's requirements and the franchise agreement.
For instance, if the Addendum includes clauses about remodeling, signage, or lease assignments, Aira Fitness has the right to enforce these clauses directly, even though they are not a direct party to the lease agreement. This ensures that the Aira Fitness brand and system are consistently maintained across all franchise locations. This also means that the landlord has to get written consent from Aira Fitness before making changes or modifications to the addendum.