What are the Aira Fitness franchisee's obligations regarding the purchase of fixtures, furniture, and equipment in Item 8, and how does this relate to the franchisor's assistance with design requirements in Item 11?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
rchase 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. Without limiting the generality of the foregoing, you must promptly after obtaining possession of the site for the Aira Fitness Business (i) have prepared and submitted for our approval basic plans and specifications consistent with our general design and layout requirements as set forth from time to time in the manuals for an Aira Fitness Business; (ii) purchase or lease and then use only the approved equipment, fixtures, furniture and signs; (iii) complete the equipment, fixtures, furniture and sign installation and decorating of the Aira Fitness Business in full compliance with plans and specifications we approve and all applicable ordinances, building codes and permit requirements without any unauthorized alterations; (iv) obtain all necessary permits, licenses and architectural seals and comply with applicable legal requirements relating to the building, signs, equipment and premises, including, but not limited to, the Americans With Disabilities Act; and (v) obtain and maintain all required zoning changes, building, utility, sign permits and licenses and any other required permits and licenses. It is your responsibility to comply with the foregoing conditions. Any change to the plans or any replacement, reconstruction, addition or modification in the premises, interior or exterior décor or image, equipment or signage of the Aira Fitness Business made after our consent to the initial plans, whether at the request of you, us or a third party, may be made only with our prior written consent.
- D. Opening. You must open the Aira Fitness Business for business no later than one hundred eighty (180) days from the Effective Date. You may not open your Aira Fitness Business for business, however, until we have notified you in writing that you have satisfied your pre-opening obligations as identified in Sections 5.A and 5.B and we have approved your opening date. We are not responsible or liable for any of your pre-opening obligations, losses
or expenses you might incur for your failure to comply with these obligations or your failure to open by a particular date. We also are entitled to injunctive relief or specific performance under Section 13.B for your failure to comply with your obligations.
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the purchase and use of equipment, fixtures, and furniture. Item 11 outlines that Aira Fitness will provide franchisees with site selection criteria and general design requirements. This assistance is crucial because, as stated in Item 23, franchisees must purchase or lease and use only approved equipment, fixtures, furniture, and signs. Furthermore, the installation and decorating of the Aira Fitness Business must fully comply with the plans and specifications approved by Aira Fitness, along with all applicable ordinances, building codes, and permit requirements.
This means a prospective Aira Fitness franchisee must adhere strictly to the franchisor's design and layout requirements and can only use approved suppliers for these items. The franchisee cannot commence construction until Aira Fitness provides written consent to the franchisee's plans. Any changes to the plans or any replacements, reconstruction, additions, or modifications to the premises must receive prior written consent from Aira Fitness. This ensures uniformity and adherence to the brand's standards.
Aira Fitness also requires franchisees to modernize the Aira Fitness Business and replace all fitness equipment within specified timeframes. For instance, franchisees must replace all fitness equipment within three years of the Effective Date of the Franchise Agreement. If a franchisee chooses to purchase the fitness equipment, Aira Fitness has the right of first refusal to buy the old equipment. If the equipment is leased, it must be returned to a designated or approved supplier, which may be Aira Fitness or its affiliate, and the franchisee must enter into a new purchase or lease agreement for replacement equipment with an approved supplier. These requirements are in place to ensure the Aira Fitness Business conforms to the standards for new Aira Fitness Businesses and maintains public acceptance and patronage.