What does the Aira Fitness franchise agreement state regarding the franchisee's acknowledgement of violating the covenants?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ing public policies and that such public policies change. Accordingly, you agree that the prevailing non-competition restrictions set forth above may be modified by a Court to the extent necessary to make the non-competition agreements valid and enforceable against you.
- 9.4 Enforcement of Covenants Not to Compete. You acknowledge that violation of the covenants
| AIRA FITNESS | | | |---------------------|-------|--------------------| | MUDA 2025 | - 9 - | | | FRANCHISOR INITIALS | | DEVELOPER INITIALS |
not to compete contained in this Agreement would result in immediate and irreparable injury to us for which no adequate remedy at law will be available. Accordingly, you hereby acknowledge that we may seek to obtain the entry of an injunction prohibiting any conduct by you or your Owners in violation of the terms of the covenants not to compete set forth in this Agreement. You expressly agree that it may conclusively be presumed that any violation of the terms of said covenants not to compete was accomplished by and through your unlawful use of the Confidential Information.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees acknowledge that violating the non-compete covenants within the agreement would cause immediate and irreparable harm to Aira Fitness. Because of this potential harm, Aira Fitness can seek an injunction to prevent any conduct that violates these covenants.
The agreement states that any violation of the non-compete terms can be presumed to be a result of the franchisee's unlawful use of Aira Fitness's confidential information. This presumption could make it easier for Aira Fitness to obtain an injunction against a franchisee.
Furthermore, the franchisee agrees that any claims they might have against Aira Fitness do not serve as a defense against the enforcement of the non-compete covenants. The franchisee is also responsible for covering all costs and expenses, including reasonable attorney and expert fees, that Aira Fitness incurs while enforcing these non-compete agreements. This could create a significant financial burden for a franchisee found in violation.
In addition to these terms, the franchisee, their owners, and affiliates must also adhere to the covenants outlined in each individual Franchise Agreement. This highlights the importance of carefully reviewing and understanding all aspects of both the overarching agreement and any specific franchise agreements related to Aira Fitness.