Does the Aira Fitness Disclosure Document include exhibits to the Franchise Agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: **CONTRACTS]
ITEM 22 CONTRACTS
This Disclosure Document includes a sample of the following contracts:
Exhibit C Franchise Agreement plus exhibits (if your state requires an addendum to the Franchise Agreement, it will be attached to the Franchise Agreement)
Exhibit D Multi-Unit Development Agreement plus exhibits (if your state requires an addendum to the Multi-Unit Development Agreement, it will be attached to the Multi-Unit Development Agreement)
Exhibit F Initial Fitness Equipment Package Purchase Agreement
Exhibit G Fitness Equipment Lease
Exhibit H Pod Package Purchase Agreement
Exhibit I Pod Package Lease
No statement, questionnaire or acknowledgementsigned or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor.This provision supersedes any other term of any document executed in connection with the franchise.
Attachment B to the Franchise Agreement INFORMATION RELEASE CONSENT
The undersigned entered into a Franchise Agreement for the operation of an Aira Fitness Business under a license from AIRA Fitness Franchising LLC. In connection with the Franchise Agreement, I authorize AIRA Fitness Franchising LLC. to discuss with and obtain information from the third party providers for any Aira Fitness Business owned or guaranteed by my Owners (directly or indirectly), including: (1) the landlord of the Aira Fitness Business, (2) any lender providing financing for the Aira Fitness Business or that holds any security interest in any of the assets of the Aira Fitness Business or in the Franchisee (if a corporate entity), and (3) any other vendor orsupplier for the Aira Fitness Business. I authorize such persons to provide information regarding the Aira Fitness Business to AIRA Fitness Franchising LLC.
Name of Entity: FRANCHISEE: (For an individual) Printed Printed Signature: Printed Name: Signature: Printed Name: Signature: Printed Name:
Attachment C to the Franchise Agreement
PERSONAL GUARANTEE AND AGREEMENT TO BE BOUND PERSONALLY BY THE TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT
In consideration of the execution of the Franchise Agreement by us, and for other good and valuable consideration, the undersigned, for themselves, their heirs, successors, and assigns, do jointly, individually and severally hereby become surety and guarantor for the payment of all amounts and the performance of the covenants, terms and conditions in the Franchise Agreement, to be paid, kept and performed by the franchisee, including without limitation the arbitration and other dispute resolution provisions of the Agreement.
Further, the undersigned, individually and jointly, hereby agree to be personally bound by each and every condition and term contained in the Franchise Agreement, including but not limited to the non-compete provisions in paragraph 11.D, the dispute resolution provision in Section 13, and agree that this Personal Guarantee will be construed as though the undersigned and each of them executed a Franchise Agreement containing the identical terms and conditions of this Franchise Agreement.
Attachment F to the Franchise Agreement
TELEPHONE NUMBER ASSIGNMENT AGREEMENT
THIS TELEPHONE NUMBER ASSIGNMENT AGREEMENT by and between the Franchisee identified below ("Franchisee") and Aira Fitness Franchising LLC. (hereinafter the "Aira Fitness").
BACKGROUND:
- A. Aira Fitness has developed and owns the proprietary system ("System") for the operation of an exercise facility under the trademark and logo Aira FITNESS (the "Aira Fitness Business");
- B. Franchisee has been granted a franchise to operate an Aira Fitness Business pursuant to a Franchise Agreement and in accordance with the System;
- C. In order to operate its Aira Fitness Business, the Franchisee will be acquiring one or more telephone numbers, telephone listings and telephone directory advertisements; and
- D. As a condition to the execution of the Franchise Agreement, Aira Fitness has required that the Franchisee collaterally assign all of its right, title and interest in its telephone numbers, telephone listings and telephone directory advertisements to the AIRA Fitness in the event of expiration or termination of the Franchise Agreement.
AGREEMENT
In consideration of the foregoing, the mutual premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
EXHIBIT J
STATE SPECIFIC ADDENDA TO FDD
Some administrators of franchise registration states may require us to include an addendum to the Aira Fitness Franchise Disclosure Document describing certain state laws or regulations which may supersede the Franchise Disclosure Document. If you are in a registration state which requires an addendum to the Franchise Disclosure Document, it will follow this page.
AIRA FITNESS FRANCHISING, LLC ADDENDUM TO THE DISCLOSURE DOCUMENT FOR THE STATE OF HAWAII
The Aira Fitness Franchising, LLC Disclosure Document for use in the State of Hawaii is modified in accordance with the following:
- For Hawaii franchisees, the conditions under which the franchise can be terminated and rights upon nonrenewal may be affected by Hawaii Revised Statutes, Section 482E-6.
AIRA FITNESS FRANCHISING LLC ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF ILLINOIS
Payment of Initial Franchise/Development Fees will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to Franchisor's financial condition.
Illinois law governs the Franchise Agreement and Multi-Unit Development Agreement. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
AIRA FITNESS FRANCHISING, LLC ADDENDUM TO DISCLOSURE DOCUMENT FOR THE STATE OF NEW YORK
The Aira Fitness Franchising, LLC Offering Prospectus for use in the State of New York is modified in accordance with the following:
- The following information is added to the cover page of the Franchise Disclosure Document:
INFORMATION COMPARING FRANCHISORS IS AVAILABLE. CALL THE STATE ADMINISTRATORS LISTED IN EXHIBIT A OR YOUR PUBLIC LIBRARY FOR SOURCES OF INFORMATION. REGISTRATION OF THIS FRANCHISE BY NEW YORK STATE DOES NOT MEAN THAT NEW YORK STATE RECOMMENDS IT OR HAS VERIFIED THE INFORMATION IN THIS FRANCHISE DISCLOSURE DOCUMENT. IF YOU LEARN THAT ANYTHING IN THE FRANCHISE DISCLOSURE DOCUMENT IS UNTRUE, CONTACT THE FEDERAL TRADE COMMISSION AND NEW YORK STATE DEPARTMENT OF LAW, BUREAU OF INVESTOR PROTECTION AND SECURITIES, 28 LIBERTY STREET, 21st FLOOR, NEW YORK, NEW YORK 10005-1495. THE FRANCHISOR MAY, IFIT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT.
- The following is added at the end of Item 3:
Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor's principal trademark:
Source: Item 22 — **CONTRACTS (FDD page 59)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Item 22 indicates that the disclosure includes a sample of the Franchise Agreement as Exhibit C, along with exhibits. Furthermore, if a franchisee's state requires an addendum to the Franchise Agreement, it will be attached to the Franchise Agreement.
Several other exhibits are referenced as attachments to the Franchise Agreement. Attachment B is an Information Release Consent form, Attachment C is a Personal Guarantee and Agreement, and Attachment F is a Telephone Number Assignment Agreement. These attachments outline specific agreements and authorizations related to operating an Aira Fitness franchise.
Additionally, Exhibit J contains state-specific addenda to the FDD, which may include modifications to the document based on state laws or regulations. For example, addenda are included for Hawaii, Illinois and New York, addressing specific legal considerations within those states. These addenda ensure that the Aira Fitness franchise agreement complies with local requirements and provides franchisees with necessary disclosures relevant to their operating environment.
Prospective franchisees should carefully review all exhibits and attachments to fully understand their rights, obligations, and any state-specific requirements that may apply to their Aira Fitness franchise.