What does an Aira Fitness franchisee represent regarding violations of laws or agreements by entering into the lease?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- Representation and Warranties of the Franchisee. Franchisee hereby represents, warrants and covenants to Aira Fitness that:
- (a) As of the effective date of the Assignment, all of Franchisee's obligations under the Memberships Contracts have been satisfied;
- (b) As of the date hereof, Franchisee has full power and legal right to enter into, execute, deliver and perform this Agreement;
- (c) This Agreement is a legal and binding obligation of Franchisee, enforceable in accordance with the terms hereof;
- (d) The execution, delivery and performance of this Assignment does not conflict with, violate, breach or constitute a default under any contract, agreement or instrument to which Franchisee is a party or by which Franchisee is bound, and no consent of nor approval by any third party is required in connection herewith; and
- (e) Franchisee has the specific power to assign and transfer its right, title and interest in its Membership Contracts and Franchisee has obtained all necessary consents to this Assignment.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, a franchisee represents and warrants to Aira Fitness that their execution, delivery, and performance of the Membership Contract Assignment Agreement does not conflict with, violate, breach, or constitute a default under any contract, agreement, or instrument to which the franchisee is a party or by which the franchisee is bound. Additionally, no consent or approval by any third party is required in connection with the agreement. This representation is part of the Membership Contract Assignment Agreement that the franchisee enters into with Aira Fitness.
In simpler terms, Aira Fitness requires assurance from its franchisees that entering into this agreement will not cause them to violate any other legal or contractual obligations they may have. This protects Aira Fitness from potential legal issues that could arise if the franchisee is in breach of another agreement by assigning their membership contracts.
This clause ensures that the franchisee has the legal capacity and right to assign the membership contracts to Aira Fitness without needing additional permissions from other parties. It is a standard practice in franchising to include such representations and warranties to protect the franchisor's interests and ensure a smooth transfer of assets or rights, especially upon termination or expiration of the franchise agreement.