Does the Aira Fitness franchise agreement specify that the provisions of this section are intended to benefit and bind certain third-party non-signatories?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
8. Miscellaneous.
- (a) Aira Fitness Franchising LLC is a third-party beneficiary of this Addendum, with independent rights of enforcement.
- (b) References to the Lease and to the Franchise Agreement include all amendments, addenda, extensions, and renewals to the documents.
- (c) References to Landlord, Tenant, and Aira Fitness include the successors and assigns of each of the parties.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, certain provisions within agreements associated with the franchise are intended to benefit third parties. Specifically, Aira Fitness Franchising LLC is identified as a third-party beneficiary in an addendum related to the lease agreement. This grants Aira Fitness Franchising LLC independent rights of enforcement within the terms outlined in that addendum.
Additionally, in the event that the Franchisee assigns their telephone numbers, listings, and directory advertisements to Aira Fitness, the telephone companies involved are also considered beneficiaries of this arrangement. The Franchisee agrees that the telephone companies can accept the assignment and Aira Fitness's instructions as conclusive evidence of Aira Fitness's rights, essentially treating Aira Fitness as if the telephone services were originally issued to them. The franchisee also agrees to protect the telephone companies from any claims arising from Aira Fitness's actions regarding the assignment.
These clauses ensure that Aira Fitness and relevant third parties like landlords and telephone companies have the legal standing to enforce specific aspects of the agreements, providing them with additional security and recourse in case of breaches or disputes. This is a fairly common practice in franchising to protect the brand and ensure operational consistency.