factual

Does the lease addendum create any duties, obligations, or liabilities of or against Aira Fitness or any affiliate of Aira Fitness?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (b) Landlord acknowledges that Tenant is not an agent or employee of Aira Fitness and Tenant has no authority or power to act for, or to create any liability on behalf of, or to in any way bind Aira Fitness or any affiliate of Aira Fitness and that Landlord has entered into this Addendum with full understanding that it creates no duties, obligations, or liabilities of or against Aira Fitness or any affiliate of Aira Fitness.
  • (c) Nothing contained in this Addendum makes Aira Fitness or its affiliates a party or guarantor to the Lease, and does not create any liability or obligation of Aira Fitness or its affiliates.

Source: Item 23 — **RECEIPTS (FDD pages 59–254)

What This Means (2025 FDD)

According to the 2025 Aira Fitness Franchise Disclosure Document, the lease addendum is explicitly structured to avoid creating any duties, obligations, or liabilities for Aira Fitness or its affiliates. The Landlord, by entering into the addendum, acknowledges that the agreement does not establish any such liabilities against Aira Fitness. This provision is included to ensure that Aira Fitness remains separate from the lease agreement between the franchisee (Tenant) and the Landlord.

Specifically, the addendum states that the franchisee is not an agent or employee of Aira Fitness and has no authority to bind Aira Fitness in any way. This reinforces the independent relationship between the franchisee and Aira Fitness, preventing the Landlord from claiming that Aira Fitness is responsible for the franchisee's actions or debts. The addendum also clarifies that Aira Fitness is not a party or guarantor to the lease, further insulating Aira Fitness from any lease-related obligations.

This arrangement is typical in franchising, where franchisors aim to support their franchisees without assuming direct liability for their real estate leases. However, Aira Fitness does retain certain rights, such as the option to assume the lease upon termination of the franchise agreement, which could indirectly create obligations if Aira Fitness chooses to exercise that option. Prospective franchisees should understand that while Aira Fitness is not initially liable under the lease, Aira Fitness's potential future involvement is possible.

Overall, this clause protects Aira Fitness from liabilities arising from the lease agreement between the franchisee and the landlord, while also providing Aira Fitness with options to protect its brand and system in case of franchisee default or termination. Franchisees should carefully review the entire lease agreement and addendum to fully understand their own obligations and the circumstances under which Aira Fitness might become involved.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.