What are some examples of 'acts of God' that might excuse performance under the Aira Fitness franchise agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If a party's default under this Agreement (other than your obligations with respect to insurance and indemnification, to obtain a site and open the Aira Fitness Business within a specified period, and to pay all fees and other amounts due to us and our affiliates under this Agreement and any other agreement between you and us or our affiliates), is caused in whole or in part by a force majeure, such default and any right of the other party to terminate this Agreement for such default is suspended for as long as the default is reasonably caused by such force majeure.
Any suspension is effective only from the delivery of a notice of the force majeure to the other party stating the party's intention to invoke the force majeure.
However, if such suspension continues for longer than six months and the default still exists, either party has the right to terminate this Agreement upon thirty (30) days' notice to the other party.
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 the 2025 Aira Fitness Franchise Disclosure Document, a 'force majeure' event may excuse a party's default under the agreement, with some exceptions. A force majeure event is defined as an event that cannot be prevented, avoided, or removed by the party invoking it, despite reasonable diligence.
Examples of force majeure events listed in the Aira Fitness FDD include 'acts of God,' actions of the elements, cyber-attacks, lockouts, strikes, wars, riots, acts of terrorism, civil commotion, and acts of governmental authorities. However, delays or refusals by governmental authorities to grant building permits, licenses, and other permissions and approvals are specifically excluded from being considered force majeure events.
It's important to note that certain obligations of the franchisee are not subject to force majeure. These include the obligations with respect to insurance and indemnification, obtaining a site and opening the Aira Fitness Business within a specified period, and paying all fees and other amounts due to Aira Fitness and its affiliates. If a suspension due to force majeure continues for longer than six months and the default still exists, either party has the right to terminate the Franchise Agreement with thirty days' notice.