What happens if an Aira Fitness franchisee fails to repair or replace damaged equipment?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
rmination rights in accordance with Section 14; or (ii) amend this Agreement to eliminate the Designated Area protection afforded by Sections 2.B and 2.C.
- E. Maintenance. The building (exterior and interior), equipment, fixtures, signage and trade dress employed in the operation of your Aira Fitness Business must be maintained and refreshed in accordance with our requirements established periodically and any of our reasonable schedules prepared based upon our periodic evaluations of the premises. Within a period of thirty (30) days (as we determine depending on the work needed) after the receipt of any particular report prepared following such an evaluation, you must affect the items of maintenance we designate, including the repair of defective equipment and items such as carpet and/or the replacement of irreparable or obsolete items of equipment and signage. If, however, any condition presents a threat to members or to public safety, you must affect the items of maintenance immediately, as further described in Section 6.F. If you fail to complete the required maintenance, we reserve the right (but no obligation) to do so on your behalf and you must reimburse us for our costs and expenses.
- F. Modernization. From time to time as we require, you must modernize and/or replace items of the trade dress or equipment as may be necessary for your Aira Fitness Business to conform to the standards for similarly situated new Aira Fitness Businesses. For instance, we require that you modernize the Aira Fitness Business within five years of the Effective Date of this Agreement. We also require that you replace all fitness equipment within three years of the Effective Date of this Agreement. A transfer of any interest in this Agreement or your business governed by Section 11 or renewal covered by Section 4 is expressly conditioned upon your (or the transferee, as applicable) modernizing the Aira Fitness Business to conform to the standards for new Aira Fitness Businesses. You acknowledge and agree that the requirements of this Section are both reasonable and necessary to ensure continued public acceptance and patronage of the Aira Fitness Business and to avoid deterioration in connection with the operation of your Aira Fitness Business. If you fail to make any improvement or perform the maintenance listed above, we may, in addition to our other rights under this Agreement, effect such improvement or maintenance on your behalf and you must reimburse us for the costs we incur.
- G. Equipment Modernization.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are responsible for maintaining the building, equipment, fixtures, signage, and trade dress of their Aira Fitness Business according to the franchisor's requirements and schedules. This includes repairing defective equipment and replacing irreparable or obsolete items. Franchisees must address maintenance items within a specified period, typically 30 days after receiving a report from Aira Fitness, although immediate action is required if a condition threatens member or public safety.
If an Aira Fitness franchisee fails to complete the required maintenance, Aira Fitness reserves the right, but not the obligation, to perform the maintenance on the franchisee's behalf. In such cases, the franchisee is responsible for reimbursing Aira Fitness for all costs and expenses incurred. This ensures that all Aira Fitness locations maintain a consistent standard of quality and safety, even if a franchisee is unable or unwilling to perform the necessary maintenance themselves.
Furthermore, Aira Fitness requires franchisees to modernize and/or replace items of trade dress or equipment to conform to the standards of new Aira Fitness Businesses. For example, franchisees must modernize their Aira Fitness Business within five years of the Effective Date of the Franchise Agreement and replace all fitness equipment within three years of the Effective Date. If a franchisee fails to make these improvements or perform the required maintenance, Aira Fitness may, in addition to other rights, effect such improvement or maintenance on the franchisee's behalf, with the franchisee responsible for reimbursing the costs incurred. This helps Aira Fitness maintain a consistent brand image and quality across all locations.
In the event that an Aira Fitness Business is destroyed or damaged, and the franchisee chooses to repair rather than relocate, the franchisee must repair and reopen the Aira Fitness Business at the authorized location within 20 days of the date of occurrence, or such longer time as Aira Fitness reasonably determines is required. This ensures a swift return to operation and minimizes disruption to the Aira Fitness Business and its members.