What is the deadline for an heir or successor-in-interest to apply for consent to continue as an owner of an Aira Fitness franchise after the death, disability, or incapacitation of the previous owner?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- D.
Death, Disability or Incapacity.
If any individual who is an Owner dies or becomes disabled or incapacitated and the decedent's or disabled or incapacitated person's heir or successor-in-interest wishes to continue as an Owner, such person or entity must apply for our consent under Section 12.B, comply with the training requirements of Section 7.B, pay the transfer fee, if applicable, under Section 12.C, and satisfy the transfer conditions under Section 12.C, as in any other case of a proposed transfer, all within one hundred eighty (180) days of the death or event of disability or incapacity.
During any transition period to an heir or successor-in-interest, the Aira Fitness Business still must be operated in accordance with the terms and conditions of this Agreement.
If the transferee of the decedent or disabled or incapacitated person is the spouse or child of such person, the transfer conditions in Section 12.C will apply; provided no transfer fee will be payable to us and we will not have a right of first refusal as stated in Section 12.E.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, if an owner dies, becomes disabled, or incapacitated, their heir or successor-in-interest has 180 days from the date of death, disability, or incapacitation to apply for consent to continue as an owner. To gain consent, the heir or successor must apply under Section 12.B, meet the training requirements in Section 7.B, pay the transfer fee (if applicable) as specified in Section 12.C, and fulfill the transfer conditions outlined in Section 12.C.
During the transition period to the heir or successor-in-interest, the Aira Fitness business must continue to operate according to the existing franchise agreement. If the heir is a spouse or child of the deceased, disabled, or incapacitated owner, the transfer conditions in Section 12.C still apply, but the transfer fee is waived, and Aira Fitness does not have the right of first refusal as described in Section 12.E.
This stipulation ensures that Aira Fitness maintains standards and control over its franchises even during ownership transitions. The 180-day window provides a reasonable timeframe for the heir to organize their affairs and seek approval, while the continuation of the franchise agreement ensures consistent operation during the transition. The waiver of the transfer fee and right of first refusal for spouses or children acknowledges the family nature of many franchises and eases the transfer process for immediate family members.