If Aira Fitness's affiliate assigns the lease, can the franchisee assert defenses against the assignee that they might have against the affiliate?

Based on the 2025 Aira Fitness Franchise Disclosure Document, the document does not specify whether a franchisee can assert defenses against an assignee if Aira Fitness's affiliate assigns the lease. However, the FDD does provide information regarding lease agreements and assignments.

Specifically, the lease agreement addendum states that Aira Fitness is a third-party beneficiary with independent rights of enforcement. It also mentions that references to the lease include all amendments, addenda, extensions, and renewals. The addendum also states that references to the landlord, tenant, and Aira Fitness include the successors and assigns of each of the parties. This suggests that the terms of the lease, including any rights or defenses, could potentially extend to assignees.

To fully understand your rights and obligations, Aira Fitness franchisees should seek clarification from Aira Fitness regarding the specific terms of the lease agreement and any potential defenses they may have against an assignee. It is important to consult with a legal professional to review the lease agreement and understand the implications of assignment in their specific circumstances.