Does the Aira Fitness non-compete agreement apply to potential members?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of this Agreement, Covered Persons must not directly or indirectly, for themselves or through, on behalf of or in conjunction with any individual or business entity: (i) divert any Aira Fitness Business member, potential Aira Fitness Business member or former Aira Fitness Business member to any exercise facility except another Aira Fitness Business; or (ii) own, operate, lease, franchise, engage in, be connected with, have any interest in, or assist any person or entity engaged in any other exercise facility (including, but not limited to a 24/7 fitness center, studio or exercise facility; a fitness center, studio or exercise facility featuring keycard access or a structured fitness/training program or complete body overhaul program for individuals) in the United States, except another Aira Fitness Business pursuant to a valid franchise agreement with us.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the non-compete agreement does address potential members. During the term of the franchise agreement, the franchisee and other covered persons are prohibited from diverting any Aira Fitness Business member, potential member, or former member to any exercise facility except for another Aira Fitness Business location. This restriction aims to protect the Aira Fitness brand by preventing franchisees from drawing existing or prospective clients to competing businesses.
This non-compete obligation applies to "Covered Persons," which includes the franchisee's owners, guarantors, officers, directors, members, managers, partners, and holders of any ownership interest. Aira Fitness may also require these individuals to sign a separate non-compete agreement. The restriction is in place during the term of the Franchise Agreement.
For a prospective franchisee, this means that they, along with their associated parties, cannot actively solicit or redirect current, potential, or former Aira Fitness members to other fitness facilities. This obligation is in place to protect Aira Fitness's customer base and maintain brand loyalty. Failing to comply with this provision could result in a breach of the franchise agreement and potential legal consequences.