Where must the Aira Fitness franchisee assemble the Pod if demanded by Franchisor's Affiliate?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Without notice to Franchisee, repossess the Pod wherever found, with or without legal process, and for this purpose Franchisor's Affiliate and/or its agents may enter upon any premises of or under the control or jurisdiction of Franchisee or any agent of Franchisee, without liability for suit, action or other proceeding by Franchisee (any damages occasioned by such repossession being hereby expressly waived by Franchisee) and remove the Pod therefrom; Franchisee further agrees on demand, to assemble the Pod and make it available to Franchisor's Affiliate at a place to be designated by Franchisor's Affiliate which is reasonably convenient to Franchisor's Affiliate;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, if the franchisee defaults on their agreement, Aira Fitness's affiliate has the right to repossess the Pod. The franchisee is obligated to assemble the Pod and make it accessible to the Franchisor's Affiliate. The location for assembly will be designated by the Franchisor's Affiliate, provided it is reasonably convenient for them.
This clause protects the Franchisor's Affiliate's investment in the Pod by ensuring they can retrieve it if the franchisee fails to meet their obligations. The franchisee waives any right to sue for damages caused by the repossession.
The franchisee bears the responsibility of assembling the Pod for repossession at a location determined by the Franchisor's Affiliate. This could potentially involve significant logistical challenges and costs for the franchisee, depending on the location designated by Aira Fitness's affiliate and the complexity of disassembling and transporting the Pod. The franchisee should clarify what constitutes a "reasonably convenient" location prior to signing the agreement.