What happens if an owner of an Aira Fitness franchise dies, becomes disabled, or incapacitated?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If any individual who is an Owner dies or becomes disabled or incapacitated and the decedent's or disabled or incapacitated person's heir or successor-in-interest wishes to continue as an Owner, such person or entity must apply for our consent under Section 12.B, comply with the training requirements of Section 7.B, pay the transfer fee, if applicable, under Section 12.C, and satisfy the transfer conditions under Section 12.C, as in any other case of a proposed transfer, all within one hundred eighty (180) days of the death or event of disability or incapacity.
During any transition period to an heir or successor-in-interest, the Aira Fitness Business still must be operated in accordance with the terms and conditions of this Agreement.
If the transferee of the decedent or disabled or incapacitated person is the spouse or child of such person, the transfer conditions in Section 12.C will apply; provided no transfer fee will be payable to us and we will not have a right of first refusal as stated in Section 12.E.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, if an owner dies, becomes disabled, or incapacitated, their heir or successor can apply to continue as an owner. This application must be made within 180 days of the death, disability, or incapacitation event. The heir or successor must meet several requirements, including applying for consent under Section 12.B, complying with the training requirements of Section 7.B, and satisfying the transfer conditions under Section 12.C. They may also need to pay a transfer fee.
During the transition, the Aira Fitness business must continue to operate under the existing franchise agreement's terms and conditions. This ensures that the business maintains its standards and obligations even during the change in ownership.
If the heir or successor is the spouse or child of the deceased or disabled person, the transfer conditions in Section 12.C still apply. However, in this specific case, no transfer fee is payable to Aira Fitness, and Aira Fitness waives its right of first refusal as stated in Section 12.E. This provision offers some relief to the immediate family of the owner, making the transition slightly easier during a difficult time.