How does Aira Fitness define 'events of force majeure'?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Events of force majeure are those that cannot be prevented, avoided or removed by the party invoking the force majeure despite the exercise of reasonably diligence, including acts of God, actions of the elements, cyber-attacks, lockouts, strikes, wars, riots, acts of terrorism, civil commotion, and acts of governmental authorities (not including a governmental authority's delaying or refusing to grant building permits, licenses and other permissions and approvals), and except as specifically provided for elsewhere in 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 'force majeure' event is defined as an event that cannot be prevented, avoided, or removed by the party invoking it, even with reasonable diligence.
Specifically, Aira Fitness lists several examples of force majeure events. These include acts of God, actions of the elements, cyber-attacks, lockouts, strikes, wars, riots, acts of terrorism, civil commotion, and actions by governmental authorities. However, delays or refusals by governmental authorities to grant building permits, licenses, or other permissions and approvals are explicitly excluded from this definition, unless otherwise specified in the agreement.
This definition is important for prospective Aira Fitness franchisees because it outlines the circumstances under which certain contractual obligations may be suspended. However, it's important to note that certain obligations, such as those related to insurance, indemnification, obtaining a site, opening the Aira Fitness Business within a specified period, and paying fees, are not subject to suspension due to force majeure. If a suspension due to force majeure lasts longer than six months and the default still exists, either party has the right to terminate the agreement with thirty days' notice.