Does Aira Fitness require specific managerial qualifications from a potential transferee?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ight to control any litigation related to our copyrights or the Work. You agree to assist us, as directed by us, in any claim or action against the infringer.
12. TRANSFER OF FRANCHISE
- A. Transfers. We have entered into this Agreement with specific reliance upon your financial qualifications, experience, skills and managerial qualifications as being essential to the satisfactory operation of the Aira Fitness Business. Consequently, your interest in this Agreement or in the Aira Fitness Business, or all or substantially all of the assets of the Aira Fitness Business, or any Owner's interest in a franchisee that is a partnership or entity may be transferred or assigned to or assumed by any other person or entity (the "transferee"), in whole or in part, unless you have first tendered to us the right of first refusal to acquire this Agreement in accordance with Section 12.E , and if we do not exercise such right, unless our prior written consent is obtained, the transfer fee provided for in Section 12.C is paid, if applicable, and the transfer conditions described in Section 12.C are satisfied. Any sale (including installment sale), lease, pledge, management agreement, contract for deed, option agreement, assignment, bequest, gift or otherwise, or any arrangement pursuant to which you turn over all or part of the daily operation of the business to a person or entity who shares in the losses or profits of the business in a manner other than as an employee will be considered a transfer for purposes of this Agreement. Specifically, but without limiting the generality of the foregoing, the following events constitute a transfer and you must comply with the right of first refusal, consent, transfer fee, and other transfer conditions in this Section 12:
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Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the franchisor does consider the managerial qualifications of potential transferees. Aira Fitness emphasizes that the original agreement was made with specific reliance on the franchisee's financial qualifications, experience, skills, and managerial qualifications.
Before a transfer can occur, the transferee must meet all of Aira Fitness's then-current requirements for franchisees at the time of the proposed transfer. This indicates that the transferee will be evaluated against the same standards as a new franchisee, which would include managerial qualifications.
If an owner dies, becomes disabled, or incapacitated, their heir or successor must also meet these transfer conditions, including the training requirements. This ensures that even in unforeseen circumstances, the Aira Fitness business continues to be operated by someone who meets the franchisor's standards. A prospective franchisee should inquire with Aira Fitness about the specific managerial qualifications required of a transferee to fully understand the requirements.