Can the Aira Fitness franchisee seek specific performance for the Pod under the UCC?

Based on the 2025 Aira Fitness Franchise Disclosure Document, the franchisee's ability to seek specific performance for the Pod under the UCC is not explicitly addressed. However, the document does outline the franchisee's obligation to purchase or lease the Pod from an approved supplier, potentially Aira Fitness or its affiliate.

Item 23 includes a lease agreement between the franchisee and Pure Gym Equipment LLC, Aira Fitness's affiliate, for leasing the Pod. The agreement specifies that the franchisee leases the Pod from the affiliate, with the lease's commencement date upon delivery of the Pod. A personal guarantee is required from the franchisee, ensuring full performance under the lease agreement.

While the FDD details the lease agreement and obligations related to the Pod, it does not state whether the franchisee can seek specific performance under the UCC if Aira Fitness or its affiliate fails to deliver the Pod as agreed. A prospective franchisee should seek clarification from Aira Fitness regarding their rights and remedies, including the possibility of specific performance, in the event of non-delivery or breach of the Pod lease agreement. This is a crucial point to understand before entering into the franchise agreement.