Is an Aira Fitness franchisee allowed to assign or sublease their rights under the lease without prior written consent?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Tenant has the right to assign all of its right, title and interest in the Lease to Aira Fitness or its successor, or either company's affiliates, at any time during the term of the Lease, including any extensions or renewals, without first obtaining Landlord's consent. No assignment will be effective, however, until Aira Fitness or its successor or designated affiliate gives Landlord written notice of its acceptance of the assignment. If Aira Fitness elects to assume the lease under this paragraph or unilaterally assumes the lease as provided for in subparagraphs 3(c) or 4(a), Landlord and Tenant agree that (i) Tenant will remain liable for the responsibilities and obligations, including amounts owed to Landlord, prior to the date of assignment and assumption, and (ii) Aira Fitness will have the right to sublease the Premises to another AIRA FITNESS franchisee, without further need for Landlord approval, provided the franchisee agrees to operate the Aira Fitness Business as an Aira Fitness Business pursuant to a franchise agreement with Aira Fitness. Aira Fitness will be responsible for the lease obligations incurred after the effective date of the assignment.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, an Aira Fitness franchisee's ability to assign or sublease their rights under the lease is subject to specific conditions and restrictions. Generally, the franchisee needs prior written consent from Aira Fitness to transfer their interest in the Franchise Agreement or the Aira Fitness Business.
However, the franchisee has the right to assign all rights, title, and interest in the lease to Aira Fitness, its successor, or either company's affiliates at any time during the lease term, including extensions or renewals, without the landlord's consent. For this assignment to be effective, Aira Fitness or its successor or designated affiliate must provide the landlord with written notice of acceptance of the assignment.
Furthermore, if Aira Fitness assumes the lease, it has the right to sublease the premises to another Aira Fitness franchisee without needing further approval from the landlord, provided the new franchisee agrees to operate the Aira Fitness Business according to a franchise agreement with Aira Fitness. Aira Fitness will be responsible for the lease obligations incurred after the assignment's effective date.