Can Aira Fitness enforce any provision of the franchise agreement by specific performance?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
and orders of specific performance to: (i) enforce the provisions of this Agreement relating to your use of the Marks and the non-disclosure and non-competition obligations under this Agreement; (ii) prohibit any act or omission by Developer or its Owners that constitutes a violation of any applicable law, ordinance or regulation, constitutes a danger to the public, or may impair the goodwill associated with the Marks or the AIRA FITNESS franchises; (iii) prevent any other irreparable harm to our interests; (iv) enforce your obligations upon termination or expiration of this Agreement; and (v) prohibit an assignment or attempted assignment of any interest in this Agreement or Developer in violation of the applicable provisions of this Agreement. If we obtain an injunction or order of specific performance, you agree to pay us an amount equal to the total of our costs of obtaining it, including, without limitation, reasonable attorneys' fees, expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses, and any damages we incur as a result of the breach of any such provision. You further agree to waive any claims for damages in the event there is a later determination that an injunction or specific performance order was issued improperly.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness can seek specific performance to enforce certain provisions of the franchise agreement. Specifically, Aira Fitness can enforce provisions related to the franchisee's use of Aira Fitness's marks, non-disclosure and non-competition obligations, and obligations upon termination or expiration of the agreement. They can also prohibit actions that violate laws, endanger the public, or harm the goodwill associated with the Aira Fitness brand. Additionally, Aira Fitness can prevent unauthorized assignments of the franchise agreement.
If Aira Fitness obtains an injunction or order of specific performance, the franchisee is responsible for covering Aira Fitness's costs. These costs include reasonable attorneys' fees, expert witness fees, investigation costs, court costs, litigation expenses, and travel and living expenses. The franchisee is also liable for any damages Aira Fitness incurs as a result of the breach of any provision for which the injunction or specific performance order was issued.
Furthermore, the franchisee agrees to waive any claims for damages if it is later determined that the injunction or specific performance order was improperly issued. This means that even if a court later decides that the injunction or order should not have been granted, the franchisee cannot sue Aira Fitness for any losses they incurred as a result of the order being in place during that time. This clause highlights a significant risk for franchisees, as they could bear substantial costs even if the initial legal action by Aira Fitness is later deemed unwarranted.