After the Aira Fitness franchise agreement terminates, what must a franchisee do with the telephone numbers associated with the Aira Fitness Business?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
REEMENT**
In consideration of the foregoing, the mutual premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
- Assignment. In the event of expiration or termination of the Franchise Agreement, and in order to secure continuity and stability of the operation of the Aira Fitness Business, Franchisee hereby sells, assigns, transfers and conveys to the Aira Fitness all of its rights, title and interest in and to all telephone numbers, telephone listings and telephone directory advertisements used in connection with the operation of the Aira Fitness Business; provided, however, such Assignment will not be effective unless and until the Franchise Agreement has expired or is terminated in accordance with the provisions thereof and Aira Fitness has delivered to Franchisee written notice of acceptance of the assignment. In the event of such assignment, Aira Fitness assumes no liability for monies owed or other liabilities relating to the telephone numbers, telephone listings, and telephone directory advertisements that have accrued prior to the effective date of the assignment.
Franchisee hereby grants to Aira Fitness an irrevocable power of attorney and appoint Aira Fitness as your attorney-in-fact to take any necessary actions to assign the telephone numbers, including but not limited to, executing any forms that the telephone companies may require to effectuate the assignment. This assignment is also for the benefit of the telephone companies, and Franchisee agrees that the telephone companies may accept this assignment and Aira Fitness's instructions as conclusive evidence of its rights in the telephone numbers and our authority to direct the amendment, termination or transfer of the telephone numbers, as if they had originally been issued to Aira Fitness.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee is required to sell, assign, transfer, and convey all rights, title, and interest in telephone numbers, listings, and directory advertisements used for the Aira Fitness Business to Aira Fitness. This transfer ensures the continuity and stability of the Aira Fitness Business operations. However, this assignment becomes effective only after the Franchise Agreement has expired or been terminated, and Aira Fitness has provided written notice of acceptance to the franchisee. Aira Fitness does not assume any liabilities for monies owed or other liabilities related to these telephone assets that accrued before the assignment's effective date.
To facilitate this process, the franchisee grants Aira Fitness an irrevocable power of attorney, allowing Aira Fitness to take necessary actions to assign the telephone numbers. This includes executing any forms required by telephone companies to complete the assignment. The telephone companies can accept this assignment and Aira Fitness's instructions as conclusive evidence of Aira Fitness's rights to amend, terminate, or transfer the telephone numbers, as if they were originally issued to Aira Fitness. The franchisee also agrees to protect the telephone companies from any claims arising from Aira Fitness's actions regarding the assignment.
This requirement is further supported by the Telephone Number Assignment Agreement, which states that as a condition of the Franchise Agreement, the franchisee must collaterally assign all rights, title, and interest in telephone numbers, listings, and advertisements to Aira Fitness in the event of the agreement's expiration or termination. This ensures that Aira Fitness maintains control over the business's communication channels, which is crucial for maintaining brand consistency and customer relationships after a franchise agreement ends.