How is a notice deemed to have been given by either Aira Fitness or the franchisee?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ight delivery service to the respective parties at the following addresses unless and until a different address has been designated by written notice to the other party:
Notice to Franchisor: Aira Fitness Franchising LLC 600 Route 59 Ingleside, IL 60041 Attn: Mike Bell CEO mikebell@airafitness.com Notice to Developer:
All written notices and reports permitted or required to be delivered by the provisions of this Agreement shall be addressed to the party to be notified at its most current principal business address of which the notifying party has been notified and shall be deemed so delivered (i) at the time delivered by hand; (ii) one (1) business day after deposit within commercial overnight courier, (iii) three (3) business days after placement in the U.S.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, a notice is considered to have been given based on the delivery method used. If a method affording sender evidence of delivery is used, notice is deemed given on the date and time of receipt, or the date and time of rejected delivery.
Specifically, all written notices and reports required to be delivered by the Franchise Agreement are considered delivered (1) at the time delivered by hand; (2) one business day after deposit with a commercial overnight courier; (3) three business days after placement in the U.S. Mail by Certified Mail, Return Receipt Requested, postage prepaid and addressed; or (4) on the date of transmission if an e-mail is sent on business days during business hours and there is confirmation of transmission (and if not sent during business hours, as of the next business day).
For a prospective Aira Fitness franchisee, this means that it's crucial to maintain records of all communications with Aira Fitness, especially those that are formal notices. Using certified mail, overnight courier, or email with delivery confirmation ensures that there is proof of when the notice was sent and received, which can be important in case of disputes or deadlines. Franchisees should also ensure that Aira Fitness has their current principal business address to avoid any issues with notices being sent to the wrong location.