Can the Premises be sublet without notice to the Guarantor under the Aira Fitness Guaranty?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
The Lease may be assigned, modified or amended in whole or in part or the Premises may be sublet in whole or in part without notice to Guarantor and without releasing Guarantor or affecting Guarantor's obligations under this Guaranty in any way.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the premises for an Aira Fitness franchise can be sublet without providing notice to the guarantor. The guarantor's obligations under the guaranty remain unaffected by such subletting. This means that even if the franchisee sublets the premises to another party, the guarantor is still responsible for fulfilling the financial obligations outlined in the guaranty, regardless of whether they are informed about the subletting.
This provision protects Aira Fitness and its affiliates by ensuring that the financial guarantees remain in place even if the franchisee's business operations change. It also places a significant responsibility on the guarantor, who must remain prepared to cover the franchisee's obligations without necessarily being informed of changes to the lease or subletting arrangements.
For a prospective Aira Fitness franchisee, this clause highlights the importance of fully understanding the implications of any personal guaranty they may be required to provide. The guarantor should be aware that their financial responsibility continues even if the business is sublet, and they will not necessarily receive notice of such changes. This underscores the need for careful consideration before agreeing to act as a guarantor for an Aira Fitness franchise.