For Aira Fitness, is the franchisee required to enter into maintenance contracts for the equipment?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
rmination rights in accordance with Section 14; or (ii) amend this Agreement to eliminate the Designated Area protection afforded by Sections 2.B and 2.C.
- E. Maintenance. The building (exterior and interior), equipment, fixtures, signage and trade dress employed in the operation of your Aira Fitness Business must be maintained and refreshed in accordance with our requirements established periodically and any of our reasonable schedules prepared based upon our periodic evaluations of the premises. Within a period of thirty (30) days (as we determine depending on the work needed) after the receipt of any particular report prepared following such an evaluation, you must affect the items of maintenance we designate, including the repair of defective equipment and items such as carpet and/or the replacement of irreparable or obsolete items of equipment and signage. If, however, any condition presents a threat to members or to public safety, you must affect the items of maintenance immediately, as further described in Section 6.F. If you fail to complete the required maintenance, we reserve the right (but no obligation) to do so on your behalf and you must reimburse us for our costs and expenses.
- F. Modernization. From time to time as we require, you must modernize and/or replace items of the trade dress or equipment as may be necessary for your Aira Fitness Business to conform to the standards for similarly situated new Aira Fitness Businesses. For instance, we require that you modernize the Aira Fitness Business within five years of the Effective Date of this Agreement. We also require that you replace all fitness equipment within three years of the Effective Date of this Agreement. A transfer of any interest in this Agreement or your business governed by Section 11 or renewal covered by Section 4 is expressly conditioned upon your (or the transferee, as applicable) modernizing the Aira Fitness Business to conform to the standards for new Aira Fitness Businesses. You acknowledge and agree that the requirements of this Section are both reasonable and necessary to ensure continued public acceptance and patronage of the Aira Fitness Business and to avoid deterioration in connection with the operation of your Aira Fitness Business. If you fail to make any improvement or perform the maintenance listed above, we may, in addition to our other rights under this Agreement, effect such improvement or maintenance on your behalf and you must reimburse us for the costs we incur.
- G. Equipment Modernization.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, franchisees are responsible for maintaining the building, equipment, fixtures, signage, and trade dress of their Aira Fitness Business according to Aira Fitness's requirements and schedules. Franchisees must address maintenance items designated by Aira Fitness within a specified period, typically 30 days after receiving a report from Aira Fitness. Immediate action is required if any condition poses a threat to members or public safety. If the franchisee fails to complete the required maintenance, Aira Fitness reserves the right to perform the maintenance on the franchisee's behalf, with the franchisee responsible for reimbursing Aira Fitness for all costs and expenses incurred.
Additionally, Aira Fitness requires franchisees to modernize and/or replace items of trade dress or equipment to conform to the standards of new Aira Fitness Businesses. For example, franchisees must replace all fitness equipment within three years of the Effective Date of the Franchise Agreement. Franchisees have the option to purchase or lease the fitness equipment. If purchasing, the franchisee may offer their old equipment to anyone at the end of each three-year period, but Aira Fitness has the right of first refusal to buy the equipment on the same terms. If leasing, the franchisee must return the old equipment to the designated or approved supplier and enter into a new purchase agreement or lease for replacement equipment with a designated or approved supplier, which may be Aira Fitness or its affiliate.
The FDD does not explicitly state that franchisees are required to enter into maintenance contracts for the equipment. However, it does state that the franchisee is responsible for maintaining and refreshing the equipment. It also states that if the franchisee fails to complete the required maintenance, Aira Fitness reserves the right to do so on the franchisee's behalf, and the franchisee must reimburse Aira Fitness for the costs and expenses. A prospective franchisee should clarify with Aira Fitness whether entering into a maintenance contract is required or recommended to ensure compliance with maintenance obligations.