For Aira Fitness, is a contract for deed considered a transfer?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Any sale (including installment sale), lease, pledge, management agreement, contract for deed, option agreement, assignment, bequest, gift or otherwise, or any arrangement pursuant to which you turn over all or part of the daily operation of the business to a person or entity who shares in the losses or profits of the business in a manner other than as an employee will be considered a transfer for purposes of this Agreement.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, a contract for deed is considered a transfer of the franchise. This falls under the broader category of actions that Aira Fitness considers a transfer of interest in the franchise agreement or the Aira Fitness business itself.
Specifically, Aira Fitness defines a transfer as any sale (including installment sale), lease, pledge, management agreement, contract for deed, option agreement, assignment, bequest, gift or otherwise, or any arrangement pursuant to which you turn over all or part of the daily operation of the business to a person or entity who shares in the losses or profits of the business in a manner other than as an employee.
This means that if a franchisee enters into a contract for deed, they must first offer Aira Fitness the right of first refusal to acquire the agreement. If Aira Fitness declines, the franchisee must obtain Aira Fitness's written consent, pay any applicable transfer fees, and satisfy all other transfer conditions outlined in Section 12 of the franchise agreement. This is to ensure that Aira Fitness maintains control over who operates an Aira Fitness franchise and that the new operator meets their standards.