What controls the establishment and operation of each additional Aira Fitness Center upon execution of each Franchise Agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
greement expire upon the expiration of this Agreement, as ("Development Schedule"). Time is of the essence of this Agreement. Each Aira Fitness center franchise | | AIRA FITNESS | | FRANCHISOR INITIALS | | | - 1 - | | | DEVELOPER INITIALS | | MUDA 2025 | | | | | | | | |
must be established and operated pursuant to a separate Franchise Agreement ("Franchise Agreement") to be entered into by you (or an entity owned by your Owners) and us. Each Franchise Agreement shall be in the form of Franchise Agreement being offered by us at the time you execute the Franchise Agreement, which may differ from the form of Franchise Agreement being offered by us on the date of execution of this Agreement, except that an addendum to the Franchise Agreement shall be entered into to incorporate terms of this Agreement relating to payments due under each Franchise Agreement. The terms and conditions of each such Franchise Agreement shall control the establishment and operation of such Aira Fitness Center.
- 1.3 Except as otherwise provided in this Agreement, and as long you are in compliance with the Development Schedule and otherwise in compliance with this Agreement, we shall not establish, nor license anyone other than Developer the right to establish any Aira Fitness Center in the Development Area prior to the expiration of the Development Schedule set forth in Exhibit B. We (and any affiliate) reserve the right to:
- (a) distribute products and services which comprise, may in the future comprise or which do not comprise, a part of the System through any alternative distribution channels including, but not limited to, supermarkets and other retail facilities, wholesale sale, catalogs, direct marketing, the Internet or similar electronic media, using the Marks ("Alternate Distribution Channels");
- (b) establish businesses which are franchised, licensed or owned by Franchisor or any affiliate at any locations Franchisor deems appropriate or distribute products or services which are similar to the products and services offered under the System under trade names, trademarks, service marks, trade dress or other commercial symbols other than the Marks.
- (c) to acquire or be acquired by a Franchisor establishing businesses identical or similar to the Franchised Business, even if the other business operates, franchises, and/or licenses competitive businesses anywhere, including the Protected Area; and
- (d) to implement and maintain multi-area marketing programs at any time, including internet and regional or national accounts. Franchisor reserves the right to establish mandatory policies and procedures for these multi-area marketing programs;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the terms and conditions of each individual Franchise Agreement dictate the establishment and operation of each Aira Fitness Center. A separate Franchise Agreement must be executed for each additional center by the franchisee or an entity owned by the franchisee's owners and Aira Fitness. This agreement will be in the form that Aira Fitness is offering at the time of execution, which may differ from the form offered on the date of the Development Agreement, but will include an addendum to incorporate terms relating to payments.
To develop each Aira Fitness Center, the franchisee must provide written notice of their intention to begin development at least thirty days before executing the Franchise Agreement. They also need to submit a description of the proposed site with a letter of intent or other satisfactory evidence confirming favorable prospects for obtaining the site. The franchisee must also execute the current form of the Franchise Agreement for the specific center at the approved location and comply with its terms.
Aira Fitness is only obligated to execute the Franchise Agreement if the franchisee maintains the necessary knowledge, experience, skills, and financial resources. The franchisee must also comply with the Development Agreement, including the Development Schedule and in-term covenants, and be in compliance with any existing Franchise Agreements with Aira Fitness. Subject to Aira Fitness's prior written approval, the franchisee can develop and open more Aira Fitness Centers in the Development Area than required by the Development Schedule.