factual

What happens if an Aira Fitness franchisee fails to identify a mutually acceptable site or open for business within the agreed timeframe?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

that will identify the grounds for the termination; and (iv) the termination will be effective immediately upon our issuance of the written notice of termination.

    1. Immediate Termination With No Opportunity to Cure. In the event any of the following defaults occurs, you will have no right or opportunity to cure the default and this Agreement will terminate effective immediately on our issuance of written notice of termination: (i) you have failed to identify a mutually acceptable site for the operation of the Aira Fitness Business or to open the Aira Fitness Business for business within the time period provided by this Agreement; (ii) you or any Owner has made any material misrepresentation or omission in your franchise application or any other report to us; (iii) your voluntary abandonment of this Agreement or the Authorized Location, (iv) the loss of your lease, or the failure to timely cure a default under the lease, (v) the loss of your right of possession or failure to reopen or relocate under Section 5.G.; (vi) the closing of the Aira Fitness Business by any state or local authorities for health or public safety reasons;

Source: Item 23 — **RECEIPTS (FDD pages 59–254)

What This Means (2025 FDD)

According to Aira Fitness's 2025 Franchise Disclosure Document, if a franchisee fails to identify a mutually acceptable site or open their Aira Fitness business within the timeframe specified in the agreement, Aira Fitness has the right to terminate the agreement immediately by providing written notice. In this instance, the franchisee would not have the opportunity to correct the default.

Additionally, Aira Fitness is not responsible or liable for any pre-opening obligations, losses, or expenses incurred by the franchisee due to their failure to comply with the obligations or to open by a particular date. Aira Fitness is entitled to injunctive relief or specific performance if the franchisee fails to comply with their obligations.

Furthermore, if the franchisee fails to open the Aira Fitness business in the required timeframe, Aira Fitness has the option to either terminate the agreement or amend it to eliminate the Designated Area protection. This means Aira Fitness could allow other franchisees to open nearby, removing the original franchisee's exclusive territory.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.