Does the Aira Fitness Guaranty require the Guarantor to proceed diligently to cure a Default?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
In the case of an installment sale for which we have consented to you or any Owner retaining a security interest or other financial interest in this Agreement or the business operated hereunder, you or such Owner, and the guarantors, are obligated to guarantee the performance under this Agreement until the final close of the installment sale or the termination of such interest, as the case may be.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, the provided excerpts do not explicitly state that a guarantor is required to proceed diligently to cure a default. However, in the event of an installment sale where the franchisor has consented to the franchisee or any owner retaining a security interest, the guarantors are obligated to guarantee performance under the Franchise Agreement until the final close of the installment sale or the termination of such interest.
While the FDD excerpts outline various default scenarios and potential remedies available to Aira Fitness, such as termination of the agreement or taking over operations of the business, they do not specify the exact obligations of a guarantor concerning curing defaults. The franchisor retains the right to implement additional training requirements at the franchisee's expense as a condition of curing a default related to operational standards.
To fully understand the guarantor's responsibilities, a prospective Aira Fitness franchisee should review the specific terms outlined in the Guaranty agreement itself. It would be prudent to consult with a legal professional to clarify the guarantor's obligations and potential liabilities in case of a default by the franchisee. This is especially important considering that the franchisor can pursue various remedies upon default, and the guarantor's financial interests could be significantly impacted.