Who provides the notice of cancellation for Aira Fitness equipment, and to which items does it apply?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
4. Default and Notice.
- (a) In the event there is a default or violation by Tenant under the terms of the Lease, Landlord agrees to give Tenant and Aira Fitness written notice of such default or violation within a reasonable time after Landlord knows of its occurrence. Landlord agrees to provide Aira Fitness the written notice of default as written and on the same day Landlord gives it to Tenant. Although Aira Fitness is under no obligation to cure the default, Aira Fitness will notify Landlord it intends to cure the default and unilaterally assume Tenant's interest in the lease as provided in Paragraph 3(c). Aira Fitness will have an additional fifteen (15) days from the expiration of Tenant's cure period in which to cure the default or violation.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, when a franchisee defaults on their lease, the landlord is required to provide written notice of such default or violation to both the tenant (franchisee) and Aira Fitness. This notice must be given within a reasonable time after the landlord becomes aware of the default. Aira Fitness must receive this notice in the same manner and on the same day it is given to the tenant.
While Aira Fitness is not obligated to cure the default, they have the option to notify the landlord of their intent to cure the default and unilaterally assume the tenant's interest in the lease. Aira Fitness is granted an additional fifteen days beyond the tenant's cure period to address the default or violation.
This provision protects Aira Fitness's interest in maintaining the franchise location and ensures they are informed of any potential lease violations that could lead to termination. It also gives Aira Fitness the opportunity to step in and take over the lease if the franchisee is unable to meet their obligations, thus preserving the franchise's presence and operations. This is a fairly common clause in franchise agreements, as it allows the franchisor to protect its brand and network.