What are the Aira Fitness franchisee's obligations regarding the use of member management software in Item 8, and how does this relate to the franchisor's assistance with computer systems in Item 11?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
SPECT TO PRODUCTS, EQUIPMENT (INCLUDING WITHOUT LIMITATION AND ANY REQUIRED TECHNOLOGY SYSTEMS), SUPPLIES, FIXTURES, FURNISHINGS OR OTHER APPROVED ITEMS.
- E. Technology System. You must purchase and use any technology system that we develop or select for the Aira Fitness Business or System, including all future updates, supplements and modifications (the "Technology
System"). The Technology System may include all hardware and software used in the operation of the Aira Fitness Business, including (i) all computer hardware and related accessories and peripheral equipment for video surveillance, door access, digital media and telephone systems and (ii) the billing, electronic point-of-sale cash registers, Aira Fitness Business management and back office programs used to record, analyze and report sales and Aira Fitness Business operations. Requirements for use may include, among other things, connection to remote servers, off-site electronic repositories, and high-speed Internet connections, and establishment of one or more email accounts. You further agree and provide your express consent that we may contact you using any of the contact information we have on file, including by telephone, email, SMS text message, messages sent by automated technology and messages sent by future technologies. Providing your mobile number (and thereby consenting to receive SMS text messages and messages sent by automated and future technologies) is not a condition of doing business with or becoming a franchisee.
You must: (i) use any proprietary software programs, system documentation manuals, and other proprietary materials that we provide to you in connection with your operation of the Aira Fitness Business; (ii) input and maintain in your technology system such data and information as we prescribe in the Manual and other written directives; (iii) purchase new or upgraded software programs, system documentation manuals, and other proprietary materials at then-current prices whenever we adopt such new or upgraded programs, manuals, and materials systemwide. You must enter into all software license agreements, "terms of use" agreements, and software maintenance agreements, in the form and manner we prescribe, and pay all fees imposed by us, our affiliate or any third-party software and software service providers there under.
You acknowledge that we may independently access from a remote location, at any time, all information input to and compiled by your Technology System (including video surveillance equipment) or an off-site server, including Member Information (as defined in Section 6.I below).
You acknowledge that technology is ever changing and that, as technology or software is developed in the future, we may, at our sole option, require you to: (i) add to your Technology System memory, ports, and other accessories or peripheral equipment or additional, new, or substitute software; and (ii) replace or upgrade your Aira Fitness Business Technology System or any part thereof and software as we prescribe.
We reserve the right to designate a single source from whom you must purchase the Technology System, including video surveillance equipment. It is your responsibility to make sure you are in compliance with all laws that are applicable to the Technology System, including all data privacy and protection or security laws.
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are obligated to use the technology system that Aira Fitness develops or selects, including any updates or modifications. This system encompasses all hardware and software necessary for operations, such as video surveillance, door access, digital media, telephone systems, billing, electronic point-of-sale, and back-office programs. Franchisees must use proprietary software, input and maintain data as directed in the manual, and purchase updated software at then-current prices. They must also enter into software license agreements and pay all associated fees. Aira Fitness can remotely access all information stored in the technology system, including member information. All membership agreements and billings must be processed through the approved technology system.
In terms of costs, the purchase price for the technology system is estimated to be between $1,200 and $4,000, which includes the Gymmaster software with an initial purchase price of $1,449. Franchisees also have ongoing monthly payments to Gymmaster, which vary based on the number of members: $129 per month for up to 100 members, $169 per month for up to 400 members, and $249 per month for up to 1300 members. The estimated cost for video surveillance equipment is $400 to $800. While Aira Fitness does not provide ongoing maintenance for the technology system, support services for the Gymmaster software are included in the monthly fee. The estimated annual cost for hardware maintenance and upgrades is $400.
Aira Fitness offers assistance with computer systems by providing proprietary software programs, system documentation manuals, and other proprietary materials. They also prescribe the data and information that franchisees must input and maintain in their computer systems, as detailed in the manual and other written directives. However, Aira Fitness has no obligation to provide ongoing maintenance, updating, upgrading, or support for the technology system, with the exception of the support services included in the Gymmaster software monthly fee. This means franchisees should budget not only for the initial technology investment but also for ongoing costs and potential upgrades or maintenance not covered by the franchisor.