If a clause in the Aira Fitness franchise agreement is deemed unenforceable, can the remainder of the agreement still be valid?

According to the 2025 Aira Fitness Franchise Disclosure Document, the franchise agreement is prepared for use in many jurisdictions with differing public policies that may change. Aira Fitness agrees that the non-competition restrictions may be modified by a Court to the extent necessary to make the non-competition agreements valid and enforceable against you.

This means that if a specific clause, particularly one related to non-competition, is found to be unenforceable in a certain jurisdiction due to its public policies, a court may modify the clause to make it valid and enforceable, rather than invalidating the entire agreement. This ensures that the core intentions of the agreement, especially regarding non-competition, are upheld as much as possible under the specific legal conditions of the area.

For a prospective Aira Fitness franchisee, this clause offers a degree of protection. It suggests that Aira Fitness is willing to work within the legal frameworks of different regions to ensure the enforceability of the franchise agreement. However, it also highlights the importance of understanding local laws regarding non-competition, as these could impact the specific terms a franchisee must adhere to. Franchisees should seek legal counsel to understand how these modifications might affect their obligations and rights within their specific jurisdiction.