factual

What is the purpose of the Aira Fitness Guaranty?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

If the proposed transfer (or a series of transfers) would result in a change in control of the franchisee, the transferee must execute our then-current form of franchise agreement (provided that no initial franchise fee will be due there under); and each of transferee's owners execute our thencurrent form of personal guaranty and undertaking.

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

What This Means (2025 FDD)

Based on the 2025 Aira Fitness Franchise Disclosure Document, if a proposed transfer of the franchise would result in a change of control, the transferee's owners must execute Aira Fitness's current form of personal guaranty and undertaking. This requirement ensures that the new controlling parties of the franchise are personally liable for the obligations and performance of the franchise agreement. This is a common practice in franchising to provide the franchisor with additional security and recourse in case of default or breach of contract by the franchisee.

The personal guaranty essentially means that the individual owners of the transferee entity are on the hook for the financial and operational responsibilities of the Aira Fitness franchise. This protects Aira Fitness by ensuring that individuals with a vested interest in the franchise's success are held accountable. It also aligns their interests with the franchisor's, as they have a personal financial stake in maintaining the franchise's compliance and performance.

For a prospective franchisee, this means that if they plan to transfer their Aira Fitness franchise and the transfer results in a change of control, the new owners will need to sign a personal guaranty. This is a significant commitment, as it puts their personal assets at risk. Franchisees should carefully consider the implications of this requirement and ensure that the individuals taking over the franchise are fully aware of and willing to accept this responsibility. It is also advisable to seek legal counsel to fully understand the terms and conditions of the personal guaranty before proceeding with the transfer.

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.