Is an Aira Fitness franchisee allowed to sublease the equipment?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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- No Lien. Landlord agrees not to require a security interest or lien on any of the personal property of the Tenant located on the Premises used for the operation of the Aira Fitness franchise.
4. Default and Notice.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, under certain conditions, an Aira Fitness franchisee may be able to sublease the premises, but the document does not specifically address subleasing equipment. The franchisee can assign their lease to Aira Fitness, its successor, or affiliates. 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. This is contingent on the new franchisee agreeing to operate the Aira Fitness Business under a franchise agreement with Aira Fitness.
However, the FDD states that if a franchisee chooses to lease fitness equipment, at the end of each three-year period, they must return the old equipment to the designated supplier, who may be Aira Fitness or its affiliate, according to the terms of the equipment lease. The franchisee must then enter into a new purchase agreement or lease for replacement equipment with a designated or approved supplier, which again may be Aira Fitness or its affiliate. This suggests that subleasing equipment may not be permitted, as the equipment is either purchased with the option for Aira Fitness to have the first right of refusal or leased with the requirement to return it at the end of the lease term.
Since the FDD does not explicitly address whether a franchisee can sublease equipment, it is important for a prospective franchisee to seek clarification from Aira Fitness regarding the possibility of subleasing equipment, the conditions under which it might be allowed, and any potential restrictions or requirements. Understanding the policies around equipment use and disposal is crucial for managing costs and planning for the future of the franchise.