What happens if an Aira Fitness franchisee attempts to assign their rights under the lease without consent?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If you voluntarily decide to relocate the Aira Fitness Business, your right to relocate the Aira Fitness Business will be void
and your interest in this Agreement will be voluntarily abandoned, unless you have given us notice of your intent to relocate not less than sixty (60) days prior to closing the Aira Fitness Business, have procured a site within your Designated Area that we accept fifteen (15) days prior to such closure, have opened the new Aira Fitness Business for business within 24 hours of such closure and complied with any other conditions that we reasonably require. You must pay the costs of any relocation, and we reserve the right to charge you for any reasonable costs that we incur. Upon relocation of your Aira Fitness Business for any reason, we may modify your Designated Area, in our sole judgment, to take into account the designated areas of neighboring Aira Fitness Businesses and other factors.
In the event your Aira Fitness Business is destroyed or damaged and you repair the Aira Fitness Business at the Authorized Location (rather than relocate the Aira Fitness Business), you must repair and reopen the Aira Fitness Business at the Authorized Location in accordance with our then-current standards for the destroyed or damaged area within twenty (20) days of the date of occurrence of the destruction or damage, or such longer time as we reasonably determine, in our sole judgment, is required given the nature and extent of the damage.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness FDD, a franchisee's right to relocate their Aira Fitness Business becomes void and their interest in the Franchise Agreement will be voluntarily abandoned if they voluntarily decide to relocate the Aira Fitness Business without Aira Fitness's prior written consent. To avoid this, the franchisee must provide notice of their intent to relocate at least sixty days before closing the business. They also need to secure a site within their Designated Area that Aira Fitness accepts fifteen days before the closure.
Furthermore, the franchisee must open the new Aira Fitness Business for business within 24 hours of closing the previous location and comply with any other conditions that Aira Fitness reasonably requires. The franchisee is responsible for covering all relocation costs, and Aira Fitness retains the right to charge the franchisee for any reasonable costs they incur during the relocation process.
Upon relocation, Aira Fitness may modify the franchisee's Designated Area to account for neighboring Aira Fitness Businesses and other relevant factors. Additionally, Aira Fitness has the right to refuse consent for relocation if the franchisee loses the right to occupy the premises due to a lease termination resulting from the franchisee's breach. Such a breach can also lead to immediate termination of the Franchise Agreement under Section 14.B.2.