Does the Aira Fitness lease agreement allow for consideration of trade usage or course of dealing?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
create any liability or obligation of Aira Fitness or its affiliates.
-
- Modification. No amendment or variation of the terms of this Addendum is valid unless made in writing and signed by the parties and the parties have obtained Aira Fitness's written consent.
-
- Reaffirmation of Lease.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, the lease agreement does not explicitly address whether trade usage or course of dealing can be considered. However, the document does state that 'all of the terms, conditions, and covenants of the Lease remain in full force and effect' except as amended by an addendum. This suggests that the original lease terms, which may or may not address trade usage or course of dealing, are still applicable.
Furthermore, the Aira Fitness FDD specifies that any modification to the lease addendum must be in writing and signed by all parties, including Aira Fitness. This requirement for written modifications implies that unwritten understandings or practices, such as trade usage or course of dealing, may not be enforceable unless explicitly incorporated into the written agreement.
A prospective Aira Fitness franchisee should carefully review the original lease agreement and the lease addendum to understand the extent to which trade usage or course of dealing may be relevant. It would be prudent to seek legal counsel to clarify this issue and to ensure that any reliance on trade usage or course of dealing is properly documented and enforceable.
To gain further clarity, a potential Aira Fitness franchisee should ask the franchisor about their policy on trade usage and course of dealing in lease agreements. Specifically, they should inquire whether Aira Fitness has a standard practice of incorporating such considerations into their lease agreements and whether they have any specific requirements or restrictions in this regard.