What is the definition of 'Membership Agreement' in the context of an Aira Fitness franchise?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ber and billing information must be promptly and accurately
entered into the approved technology system according to our then-current policies.
- a. You must use Membership Agreements that are based on our then-current standard form of Membership Agreement, with the exception, however, that there may be state and local laws that may require you to alter the Membership Agreement in the jurisdictions under which your Aira Fitness Business operates – you must abide by those laws. You are solely and exclusively responsible for ensuring that the Membership Agreements you use in connection with the operation of your Aira Fitness Business comply with all applicable laws and regulations. Any changes to the form document must be approved in writing by us. The Membership Agreement must include: (i) a reciprocity provision that permit members from your Aira Fitness Business to use other facilities and permits another facility's members to also use your Aira Fitness Business, (ii) a waiver and release of us and our affiliates, (iii) requirement for members to pay a yearly maintenance fee in addition to ongoing fees, and (iv) a statement identifying the Aira Fitness Business as an independently-owned franchised location. You must permit members of other facilities to use your Aira Fitness Business under such terms and conditions as we may state in writing from time to time. All Membership Agreements and all billings of any type must be processed through the approved technology system.
- b. We have the right to prohibit or cancel memberships you sell that will expire beyond the expiration date of your Term or any exercised renewal term. You are responsible for all refunds or liabilities to your members due to the cancelation of memberships as provided in this paragraph. You must execute the Membership Contract Assignment Agreement in the form attached at Attachment G.
- c. Minimum Membership Requirement. Beginning on the one-year anniversary of opening for business, you must, at all times, have at least 150 members ("Minimum Membership Requirement"). If, during your second year of operation and thereafter, you do not maintain the Minimum Membership Requirement for 2 consecutive months, we may: (1) require your Principal and General Managers we determine to attend additional training programs; or (2) provide on-site assistance and consultation at your expense.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Membership Agreements are contracts between the franchisee and their members, granting access to the Aira Fitness Business facilities. Aira Fitness requires franchisees to use a standard form of Membership Agreement, which must be processed through their approved technology system. However, franchisees may need to alter the agreement to comply with state and local laws. Any changes to the standard form must be approved in writing by Aira Fitness.
The Membership Agreement used by Aira Fitness franchisees must include specific provisions. These include a reciprocity provision allowing members to use other Aira Fitness locations, a waiver and release of liability for Aira Fitness and its affiliates, a requirement for members to pay a yearly maintenance fee in addition to ongoing fees, and a statement identifying the location as an independently-owned franchise. Franchisees must also allow members from other Aira Fitness locations to use their facilities under terms and conditions specified by Aira Fitness.
Aira Fitness retains some control over memberships, as they have the right to prohibit or cancel memberships that extend beyond the franchisee's term or renewal term. The franchisee is responsible for all refunds or liabilities resulting from membership cancellations. Additionally, franchisees must execute a Membership Contract Assignment Agreement, which is included as Attachment G to the Franchise Agreement. This agreement allows Aira Fitness to take over the Membership Contracts in the event of the expiration or termination of the Franchise Agreement.
Furthermore, Aira Fitness requires franchisees to maintain a minimum number of members. Beginning one year after opening, franchisees must have at least 150 members. Failure to maintain this minimum for two consecutive months may result in Aira Fitness requiring the franchisee's Principal and General Managers to attend additional training programs or providing on-site assistance and consultation at the franchisee's expense. These requirements ensure that Aira Fitness franchisees maintain a consistent standard of service and membership levels.