factual

For Aira Fitness, what is the process for applying for consent to transfer?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

Application for our consent to a transfer and tender of the right of first refusal provided for in Section 12.E must be made by submission of our form of application for consent to transfer, which must be accompanied by the documents (including a copy of the proposed purchase or other transfer agreement) or other required information.

The application must indicate whether you or an Owner proposes to retain a security interest in the property to be transferred.

No security interest may be retained or created, however, without our prior written consent and except upon conditions acceptable to us.

Any agreement used in connection with a transfer is subject to our prior written approval, which approval will not be withheld unreasonably.

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

What This Means (2025 FDD)

According to Aira Fitness's 2025 Franchise Disclosure Document, to apply for consent to transfer a franchise, a franchisee must submit Aira Fitness's form of application for consent to transfer. This form must be accompanied by required documents and information, including a copy of the proposed purchase or transfer agreement. The application must also indicate whether the franchisee or an owner proposes to retain a security interest in the property to be transferred; however, no security interest may be retained or created without Aira Fitness's prior written consent and upon conditions acceptable to them. Any agreement used in connection with a transfer is subject to Aira Fitness's prior written approval, which will not be unreasonably withheld.

Several conditions must be met to obtain Aira Fitness's consent for a transfer. The transferee must meet all of Aira Fitness's then-current requirements for franchisees. All amounts owed to Aira Fitness, its affiliates, suppliers, or the landlord must be paid in full, and all required reports must have been provided. The franchisee must also have complied with modernization provisions. In the case of an installment sale where the franchisee or owner retains a security interest, they and the guarantors must guarantee performance under the agreement until the final close of the sale or termination of the interest. The franchisee, each owner, and each guarantor must execute all required transfer documents, including a general release of claims. The transferee must comply with the training requirements, and Aira Fitness has the right to require financial reports and data relating to the business.

Aira Fitness has the right to confer with proposed transferees and furnish them with information about the Aira Fitness business without liability, except for intentional misstatements. This information is solely for evaluating the business and proposed transfer and should not be construed as earnings claims or claims of success or failure. If the transferee is an existing Aira Fitness franchisee, the transfer fee is $5,000; if not, the fee equals the then-current initial franchise fee. If the transfer results in a change of control, the transferee must execute Aira Fitness's current franchise agreement and personal guaranty, though no initial franchise fee will be due. The current franchise agreement may differ materially and may include different fees, and Aira Fitness has the right to modify the Designated Area under the new agreement.

Aira Fitness must be provided with all reasonably requested information regarding the terms of the proposed transfer and be satisfied that the financial terms will not adversely affect the business's ability to continue operations and meet its liabilities. The franchisee must also comply with any other conditions that Aira Fitness reasonably requires as part of its transfer policies. Attempted transfers without prior written consent or not in compliance with the agreement terms will be void and give Aira Fitness the right to terminate the agreement or collect a transfer fee equal to two times the standard transfer fee. In cases of death, disability, or incapacity of an owner, the heir or successor must apply for consent under the same conditions as any other transfer, within 180 days.

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.