If an Aira Fitness franchisee fails to make improvements, can Aira Fitness effect such improvement on the franchisee's behalf?

According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are responsible for maintaining and refreshing their Aira Fitness Business, including the building, equipment, fixtures, signage, and trade dress, according to Aira Fitness's requirements and schedules. These requirements are based on periodic evaluations of the premises. Franchisees must address maintenance items within a timeframe determined by Aira Fitness, typically around thirty days after receiving a report, which includes repairing defective equipment and replacing irreparable or obsolete items. If a condition poses a threat to members or public safety, the franchisee must address it immediately.

Furthermore, franchisees must modernize and/or replace items of trade dress or equipment as required by Aira Fitness to conform to the standards of new Aira Fitness Businesses. For example, franchisees are required to modernize the 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 of the Agreement.

If a franchisee fails to complete the required maintenance or improvements, Aira Fitness reserves the right, but not the obligation, to perform the work on the franchisee's behalf. In such cases, the franchisee is responsible for reimbursing Aira Fitness for all costs and expenses incurred. This provision ensures that Aira Fitness can maintain brand standards and protect the integrity of the system, while also placing the financial burden of non-compliance on the franchisee.