factual

How much time does Aira Fitness have to cure a material breach after receiving written notice from me?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • C.

Termination by You.

You may terminate this Agreement as a result of a breach by us of a material provision of this Agreement provided that: (i) you provide us with written notice of the breach that identifies the grounds for the breach; and (ii) we fail to cure the breach within a reasonable time, which will in no event be less than ninety (90) days after our receipt of the written notice.

If we fail to cure the breach, the termination will be effective sixty (60) days after our receipt of your written notice of breach.

Your termination of this Agreement under this Section will not release or modify your post-term obligations under Section 11.D and Section 15 of this Agreement.

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

What This Means (2025 FDD)

According to Aira Fitness's 2025 Franchise Disclosure Document, a franchisee may terminate the agreement if Aira Fitness breaches a material provision, provided the franchisee gives written notice that identifies the grounds for the breach. Aira Fitness then has a "reasonable time" to cure the breach, but in no event will that period be less than 90 days after receiving the written notice. If Aira Fitness fails to cure the breach within this timeframe, the termination will be effective 60 days after Aira Fitness receives the initial written notice of the breach.

This means that a franchisee must provide Aira Fitness with a written notice of the breach and allow at least 90 days for Aira Fitness to address and resolve the issue. If Aira Fitness fails to do so, the franchisee must then wait an additional 60 days before the termination becomes effective. This extended timeframe provides Aira Fitness with ample opportunity to rectify the breach while also giving the franchisee time to prepare for the eventual termination if the breach remains uncured.

It is important to note that the franchisee's termination of the agreement will not release or modify their post-term obligations as outlined in Section 11.D and Section 15 of the Aira Fitness Franchise Agreement. This means that even after terminating the agreement due to Aira Fitness's breach, the franchisee will still be responsible for fulfilling certain obligations, such as maintaining confidentiality and adhering to non-compete clauses, as specified in those sections of the agreement.

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.