What remedy may Aira Fitness seek for a franchisee's violation of the non-compete covenants?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ing public policies and that such public policies change. Accordingly, you agree that the prevailing non-competition restrictions set forth above may be modified by a Court to the extent necessary to make the non-competition agreements valid and enforceable against you.
- 9.4 Enforcement of Covenants Not to Compete. You acknowledge that violation of the covenants
| AIRA FITNESS | | | |---------------------|-------|--------------------| | MUDA 2025 | - 9 - | | | FRANCHISOR INITIALS | | DEVELOPER INITIALS |
not to compete contained in this Agreement would result in immediate and irreparable injury to us for which no adequate remedy at law will be available. Accordingly, you hereby acknowledge that we may seek to obtain the entry of an injunction prohibiting any conduct by you or your Owners in violation of the terms of the covenants not to compete set forth in this Agreement. You expressly agree that it may conclusively be presumed that any violation of the terms of said covenants not to compete was accomplished by and through your unlawful use of the Confidential Information.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Aira Fitness can seek an injunction against a franchisee or their owners to stop any conduct that violates the non-compete agreements. The FDD states that violations of the non-compete covenants would cause immediate and irreparable harm to Aira Fitness, making an adequate legal remedy unavailable.
Aira Fitness can seek an injunction prohibiting any conduct by the franchisee or their owners that violates the terms of the non-compete agreements. The franchisee acknowledges that any violation of the non-compete terms may be presumed to be due to the unlawful use of confidential information.
Moreover, the existence of any claims the franchisee may have against Aira Fitness does not serve as a defense against the enforcement of the non-compete covenants. The franchisee is also responsible for covering all costs and expenses, including reasonable attorney and expert fees, that Aira Fitness incurs while enforcing these non-compete agreements.
This means that if a franchisee breaches the non-compete agreement, Aira Fitness can take immediate legal action to prevent further competitive activities, and the franchisee will likely be responsible for Aira Fitness's legal expenses. This is a significant consideration for potential franchisees, as legal battles can be costly.