What is the effect of changes to the Franchise Agreement on the Guarantor's liability to Aira Fitness?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
| 4. | Guarantor's Authorization to Franchisor. | Guarantor(s) authorizes Franchisor, | without notice or demand and without lessening Guarantor's liability under this Guaranty, from time | to time: (a) to make or approve changes to the Franchise Agreement; (b) to repeatedly compromise, | renew, extend, accelerate, or otherwise change the time for payment or other terms of the Franchise | Agreement; (c) to take and hold security for the payment of amounts due under the Franchise | Agreement or this Guaranty, and exchange, enforce, waive, and release any such security, with or | without the substitution of new collateral; (d) to determine how, when, and what application of | payments and credits shall be made on amounts due under the Franchise Agreement; and (j) to assign | or transfer this Guaranty, in whole or in part.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, changes to the Franchise Agreement do not lessen the Guarantor's liability. The Guarantor authorizes Aira Fitness to make or approve changes to the Franchise Agreement without notice or demand and without lessening the Guarantor's liability under the Guaranty.
The Guaranty is an original and independent obligation of the Guarantor, separate and distinct from the Developer's obligations to Aira Fitness under the Multi-Unit Development Agreement. The obligations of the Guarantor to Aira Fitness under the Guaranty are direct and primary, regardless of the validity or enforceability of the Franchise Agreement.
This means that even if the Franchise Agreement is changed, the Guarantor remains fully responsible for the obligations outlined in the Guaranty. This protects Aira Fitness by ensuring that the Guarantor's obligations remain in place even if the terms of the Franchise Agreement are modified.