For Aira Fitness, can the franchisee place information relating to the sale of the business in any communication media without consent?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Transfers. We have entered into this Agreement with specific reliance upon your financial qualifications, experience, skills and managerial qualifications as being essential to the satisfactory operation of the Aira Fitness Business. Consequently, your interest in this Agreement or in the Aira Fitness Business, or all or substantially all of the assets of the Aira Fitness Business, or any Owner's interest in a franchisee that is a partnership or entity may be transferred or assigned to or assumed by any other person or entity (the "transferee"), in whole or in part, unless you have first tendered to us the right of first refusal to acquire this Agreement in accordance with Section 12.E , and if we do not exercise such right, unless our prior written consent is obtained, the transfer fee provided for in Section 12.C is paid, if applicable, and the transfer conditions described in Section 12.C are satisfied. Any sale (including installment sale), lease, pledge, management agreement, contract for deed, option agreement, assignment, bequest, gift or otherwise, or any arrangement pursuant to which you turn over all or part of the daily operation of the business to a person or entity who shares in the losses or profits of the business in a manner other than as an employee will be considered a transfer for purposes of this Agreement. Specifically, but without limiting the generality of the foregoing, the following events constitute a transfer and you must comply with the right of first refusal, consent, transfer fee, and other transfer conditions in this Section 12:
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- Any change or series of changes in the percentage of the franchisee entity owned, directly or indirectly, by the Owner (including any addition or deletion of any person or entity who qualifies as an Owner);
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- Any change in the general partner of a franchisee that is a general, limited or other partnership
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees cannot freely communicate information about selling their franchise without the franchisor's consent. Specifically, before a franchisee can transfer their interest in the Franchise Agreement, the Aira Fitness business, or its assets to another party, they must first offer Aira Fitness the right of first refusal.
Furthermore, if Aira Fitness declines to exercise their right of first refusal, the franchisee must then obtain Aira Fitness's prior written consent before proceeding with the transfer. This consent is in addition to paying a transfer fee, if applicable, and satisfying other transfer conditions outlined in Section 12.C of the agreement.
These conditions apply to various scenarios considered a transfer, including changes in ownership percentage, changes in general partners, or any arrangement where the franchisee turns over daily operations to someone who shares in the business's losses or profits. This ensures Aira Fitness maintains control over who operates its franchises and protects the brand's reputation and standards.