Does the Aira Fitness franchise agreement allow for injunctive relief?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, the personal guarantee agreement requires the guarantor to adhere to the terms and conditions of the Franchise Agreement. This includes, without limitation, the arbitration and other dispute resolution provisions outlined in Section 13 of the agreement.
This means that if Aira Fitness believes a franchisee or their guarantor is in breach of the franchise agreement, Aira Fitness can pursue legal remedies. Injunctive relief is a type of remedy where a court orders a party to stop a certain action. The personal guarantee ensures that the individuals behind the franchisee are also bound by these terms and can be held liable for compliance.
For a prospective Aira Fitness franchisee, this highlights the importance of understanding all aspects of the franchise agreement, as not only the business entity but also the individual owners are held responsible for upholding the agreement's terms. This includes the dispute resolution processes available to Aira Fitness, which may encompass seeking injunctive relief to prevent further breaches of contract.