How long do the Aira Fitness franchisee's representations, warranties, covenants, and indemnities survive after the lease expires, terminates, or is cancelled?

According to the 2025 Aira Fitness Franchise Disclosure Document, the representations, warranties, and covenants made by the franchisee survive the execution of the assignment agreement. The document states that "All agreements, covenants, representations and warranties made herein will survive the execution hereof." This means that even after the agreement is signed, the franchisee remains responsible for the accuracy and fulfillment of their promises.

This survival clause is significant for a prospective Aira Fitness franchisee because it extends their liability beyond the initial signing of the agreement. For example, if a franchisee falsely represents their legal right to enter into the agreement, they can be held accountable even after the agreement has been executed. This protects Aira Fitness from potential misrepresentations made by the franchisee.

Furthermore, the FDD specifies that the franchisee's post-termination obligations include a two-year non-compete clause. After the agreement expires or terminates, the franchisee (and any owner) cannot engage in or be associated with any competitive exercise facility within a 10-mile radius of an Aira Fitness location. This restriction is in place to protect Aira Fitness's market and confidential information.

In summary, the survival of representations, warranties, and covenants, along with the post-termination obligations, ensures that Aira Fitness retains certain protections and rights even after the franchise agreement concludes. Prospective franchisees should carefully review these clauses to understand the full extent of their ongoing responsibilities and potential liabilities.