Can Aira Fitness require a signed non-compete agreement from individuals associated with the franchisee?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
rmation that you otherwise would not receive or have access to but for the rights licensed to you under this Agreement. You therefore agree to the following non-competition covenants:
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- Persons Bound. Unless otherwise specified, the term "Covered Person" as used in this Section 10.D includes, collectively and individually, your Owners and all guarantors, officers, directors, members, managers, partners, as the case may be, and holders of any ownership interest in you. We may require you to obtain from your individuals identified in the preceding sentence a signed non-compete agreement in a form satisfactory to us that contains the non-compete provisions of this Section 11.D.
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- During Term. During the term of this Agreement, Covered Persons must not directly or indirectly, for themselves or through, on behalf of or in conjunction with any individual or business entity: (i) divert any Aira Fitness Business member, potential Aira Fitness Business member or former Aira Fitness Business member to any exercise facility except another Aira Fitness Business; or (ii) own, operate, lease, franchise, engage in, be connected with, have any interest in, or assist any person or entity engaged in any other exercise facility (including, but not limited to a 24/7 fitness center, studio or exercise facility;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness can require individuals associated with the franchisee to sign a non-compete agreement. The term "Covered Person" includes the franchisee's owners, guarantors, officers, directors, members, managers, partners, and holders of any ownership interest.
Aira Fitness may require franchisees to obtain a signed non-compete agreement from these Covered Persons. This agreement must be in a form satisfactory to Aira Fitness and contain the non-compete provisions outlined in the franchise agreement.
During the term of the franchise agreement, these Covered Persons are prohibited from directly or indirectly diverting any Aira Fitness Business member, potential member, or former member to any other exercise facility, unless it is another Aira Fitness Business. They are also restricted from owning, operating, or having any interest in any other exercise facility in the United States, with the same exception for another Aira Fitness Business.