Does the FDD state that the Aira Fitness franchisee's execution, delivery, and performance of the assignment agreement should conflict with any other agreements?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
f they had originally been issued to Aira Fitness. In addition, Franchisee agrees to hold the telephone companies harmless from any and all claims against them arising out of any actions or instructions by Aira Fitness regarding the assignment contemplated in this Assignment.
- Representation and Warranties of the Franchisee. Franchisee hereby represents, warrants and covenants to the AIRA Fitness that: (a) As of the effective date of the Assignment, all of Franchisee's obligations and indebtedness for telephone, telephone listing services and telephone directory advertisement services will be paid and current; (b) As of the date hereof, Franchisee has full power and legal right to enter into, execute, deliver and perform this Agreement; (c) This Agreement is a legal and binding obligation of Franchisee, enforceable in accordance with the terms hereof;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness FDD, the franchisee represents, warrants, and covenants that their execution, delivery, and performance of the assignment agreement does not conflict with any other agreements they are a party to or by which they are bound. This representation also confirms that no third-party consent or approval is required for the assignment agreement. This clause is part of the Membership Contract Assignment Agreement. A similar clause exists within the Telephone Number Assignment Agreement.
This provision protects Aira Fitness by ensuring that the franchisee is not violating any existing contracts or obligations when assigning membership contracts or telephone numbers. It also confirms the franchisee has the legal right and power to enter into the assignment agreement.
For a prospective Aira Fitness franchisee, this means they must carefully review all existing contracts and agreements to ensure that the assignment of membership contracts or telephone numbers to Aira Fitness does not violate any terms or conditions. Failure to do so could result in legal issues and potential breaches of contract. The franchisee should seek legal counsel to confirm compliance if they have any doubts or concerns.