Can an Aira Fitness franchisee sell services and products identified by the Marks through the internet?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 16: **RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL]
You must offer at the Aira Fitness Business all of the products, equipment and services that we periodically require and you may not offer at the Aira Fitness Business any unapproved products or use the premises for any purpose other than the operation of the Aira Fitness Business. We have the unlimited right to change the types of authorized services and products you may offer.
You do not have the right to sell services and products identified by the Marks at any location other than the Authorized Location or through any other channels or methods of distribution, including the internet (or any other existing or future form of electronic commerce), catalog sales, telemarketing or other direct marketing.
[Item 23: **RECEIPTS]
You must, at your expense, participate in our AIRA FITNESS web site, any intranet or extranet system we may develop or other online communications as we may require.
Upon opening for business, you shall begin paying our then-current monthly website fee ("Website Fee"), which shall not exceed Four Hundred Dollars ($400.00) per month.
You may not use the Marks or any part or derivative thereof on the internet, except as we expressly permit in writing and as authorized by our then-current policies.
We reserve to ourselvesallotherrightsto use the SystemandMarks anywhere and in anymannerincluding, without limitation, the right to offer, sell or distribute items such as training videos, equipment, athletic gear, etc., associated with the System (now or in the future) or identified by the Marks, or any other trademarks, service marks or trade names, through any distribution channels or methods, without compensation to any franchisee.These distribution channels or methods may include, without limitation, retail stores, mail order, wholesale or the internet (or any other existing or future form of electronic commerce). For instance, we currently offer online member enrollment through www.airafitness.com and Groupon.
Source: Item 16 — **RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 47–48)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are generally restricted from selling services and products identified by the Aira Fitness marks through the internet. Specifically, Item 16 states that franchisees do not have the right to sell services and products using the Marks through any channels other than the authorized location, including the internet or other forms of electronic commerce.
However, Aira Fitness retains specific rights regarding the use of the System and Marks, including the right to offer, sell, or distribute items associated with the System through various distribution channels, including the internet. This means that while franchisees are restricted from independently selling online, Aira Fitness itself can engage in online sales.
Furthermore, franchisees are required to participate in Aira Fitness's website and online communications, and upon opening for business, franchisees must pay a monthly website fee, which cannot exceed $400 per month. While franchisees must participate in Aira Fitness's online presence, they cannot use the Marks on the internet except as expressly permitted by Aira Fitness in writing and as authorized by their current policies. This suggests that Aira Fitness maintains control over its online branding and sales strategies, while franchisees are expected to support these efforts through participation and fees.