If Aira Fitness intends to cure a tenant's default, what action must Aira Fitness take?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) In the event there is a default or violation by Tenant under the terms of the Lease, Landlord agrees to give Tenant and Aira Fitness written notice of such default or violation within a reasonable time after Landlord knows of its occurrence. Landlord agrees to provide Aira Fitness the written notice of default as written and on the same day Landlord gives it to Tenant. Although Aira Fitness is under no obligation to cure the default, Aira Fitness will notify Landlord it intends to cure the default and unilaterally assume Tenant's interest in the lease as provided in Paragraph 3(c). Aira Fitness will have an additional fifteen (15) days from the expiration of Tenant's cure period in which to cure the default or violation.
- (b) All notices to Aira Fitness must be sent by registered or certified mail, postage prepaid, to the following address:
Aira Fitness Franchising LLC. 600 Route 59 Ingleside, Illinois 60041 (815) 529-7260
Aira Fitness may change its address for receiving notices by giving Landlord written notice of the new address. Landlord agrees to notify both Tenant and Aira Fitness of any change in Landlord's mailing address to which notices should be sent.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, if a tenant defaults on their lease, the landlord must provide written notice of the default to both the tenant and Aira Fitness. While Aira Fitness is not obligated to cure the default, if it chooses to do so, Aira Fitness must notify the landlord of its intent to cure the default and unilaterally assume the tenant's interest in the lease.
Following this notification, Aira Fitness has an additional fifteen (15) days beyond the tenant's original cure period to resolve the default or violation. All notices to Aira Fitness must be sent via registered or certified mail, postage prepaid, to the address listed in the FDD. Aira Fitness can change its notice address by providing written notice to the landlord. The landlord must also notify both the tenant and Aira Fitness of any changes to the landlord's mailing address.
This clause protects Aira Fitness's interests by giving it the option to take over a lease and continue operations at a location threatened by a tenant's default. For a prospective franchisee, this means that Aira Fitness has a mechanism to maintain control over valuable locations, but it is not obligated to intervene in every default situation. The franchisee should be aware of the conditions under which Aira Fitness might exercise this right and how it could impact their business.