What is the franchisee required to do regarding site selection for an Aira Fitness Business?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
rks and the System. Accordingly, you agree to maintain and comply with our required quality standards and agree to the following terms and conditions:
- A. Site Selection. You must identify a site for the Aira Fitness Business within the Preliminary Designated Area that meets our site selection criteria and that we have approved in writing. You must provide us notice of the site you have selected and we have fifteen (15) days to accept or reject the site. If we do not accept the site within fifteen (15) days, it will be deemed disapproved. The parties acknowledge and agree that our site approval is not an assurance that the Aira Fitness Business will achieve a certain sales volume or level of profitability; it means only that the proposed site meets our minimum site selection criteria. We assume no liability or responsibility for (i) evaluation of the location's soil for hazardous substances; (ii) inspection of any structure for asbestos or other toxic or hazardous materials; (iii) compliance with the Americans with Disabilities Act ("ADA"); or (iv) compliance with any other applicable law. It is solely your responsibility to obtain satisfactory evidence and/or assurances that the Aira Fitness Business premises (and any structures thereon) is free from environmental contamination and is in compliance with the requirements of the ADA and other applicable laws.
- B. Lease. If you propose to occupy the Aira Fitness Business premises pursuant to a lease or sublease ("Lease"), the Lease may not prevent you from performing your obligations under this Agreement, and must permit us to exercise our rights pursuant to this Agreement. The Lease must be approved by usin writing before it is executed by you and we may condition our approval of a proposed site on the full execution of a Lease Addendum substantially in the form attached as Attachment E to this Agreement. You must provide us with a copy of the Lease and we have fifteen (15) days to accept or reject the site. You must deliver to us a fully executed copy of the approved Lease as amended by the Lease Addendum within ten (10) days after its execution. The parties acknowledge and agree that our approval of a Lease does not mean that the economic terms of the Lease are favorable; it means only that the Lease contains the lease terms that we require.
- C. Construction; Future Alteration. You must construct and equip the Aira Fitness Business in strict accordance with our current approved specifications and standards pertaining to equipment, signage, fixtures and design and layout of the building. You must purchase from us or the approved supplier all items. You may not commence construction of the Aira Fitness Business until you have received our written consent to your plans.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees must identify a site for their Aira Fitness Business that meets Aira Fitness's site selection criteria and receive written approval from Aira Fitness. The site must be located within the Preliminary Designated Area outlined in the Summary Page. Franchisees must notify Aira Fitness of their selected site, and Aira Fitness has 15 days to either accept or reject the proposed location. Failure to respond within 15 days results in automatic disapproval. Aira Fitness's approval of a site does not guarantee any specific sales volume or profitability, but only confirms that the site meets the minimum criteria.
If the Authorized Location is not known when the Franchise Agreement is signed, the franchisee has 90 days from the Effective Date of the agreement to secure an acceptable site. Upon finding a site, the franchisee authorizes Aira Fitness to insert the Authorized Location on the Summary Page. Once the Authorized Location is identified, Aira Fitness will define a Designated Area around it, which should be substantially similar to the Preliminary Designated Area. If the Authorized Location falls outside the Preliminary Designated Area, Aira Fitness will define the Designated Area based on its current criteria for size, demographics, and topographical features.
The franchisee is also responsible for ensuring the site is compliant with all applicable laws, including the Americans with Disabilities Act (ADA), and free from environmental contamination. They must obtain satisfactory evidence and assurances regarding these issues. If the franchisee plans to lease the premises, the lease terms must not prevent them from fulfilling their obligations under the Franchise Agreement and must allow Aira Fitness to exercise its rights. Aira Fitness must approve the lease in writing before it is executed, and may require a Lease Addendum. The franchisee must provide Aira Fitness with a copy of the lease, giving Aira Fitness 15 days to either accept or reject the site. The approval of a lease by Aira Fitness does not indicate that the economic terms of the lease are favorable, only that the lease contains the terms Aira Fitness requires.