Does the Aira Fitness franchisee have to reimburse the Franchisor's Affiliate for attorney's fees related to the execution, delivery, administration, amendment, or enforcement of the lease?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
The prevailing party in any action or proceeding arising under, out of, in connection with, or in relation to this Agreement or other dispute between the parties, any lease or sublease for the Aira Fitness Business or Authorized Location, or the business will be entitled to recover its reasonable attorneys' fees and costs.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the prevailing party in any action related to the lease for the Aira Fitness business is entitled to recover reasonable attorney's fees and costs. This includes actions or proceedings arising under, out of, in connection with, or in relation to the lease or other disputes between the parties.
This means that if an Aira Fitness franchisee is involved in a legal dispute concerning their lease and wins, they can recover their attorney's fees and costs from the opposing party. Conversely, if the Franchisor's Affiliate (Pure Gym Equipment LLC) prevails in such a dispute, the franchisee may be responsible for covering their legal expenses.
This arrangement is fairly standard in franchise agreements, as it aims to ensure that the party at fault bears the financial burden of legal proceedings. Franchisees should be aware of this clause and factor in potential legal costs when evaluating the risks associated with leasing their Aira Fitness location. It is important to note that this applies to any lease or sublease for the Aira Fitness Business or Authorized Location.