What right does the Aira Fitness franchisor have to enter the Aira Fitness Business?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
e right to develop or operate an Aira Fitness Business that is physically located in the Designated Area (other than at Special Sites, as described in Section 2.D). You acknowledge and agree that we and our affiliates have the right to develop and operate and grant others the right to develop and operate Aira Fitness Businesses outside the Designated Area, regardless of their proximity to the Designated Area or any negative impact they may have on your Aira Fitness Business. We and our affiliates also have the right to develop and operate and grant others the right to develop and operate exercise facilities and other businesses under a different trademark within and outside the Designated Area which may be similar to or competitive with Aira Fitness Businesses. We will not operate, franchise, or license the operation of an exercise facility offering 24/7 keycard access and substantially similar to an Aira Fitness Business in your Designated Area, except in connection with our acquisition of a multi-unit brand. If we acquire a multi-unit brand (through a stock purchase, asset purchase, merger, or otherwise), we or our affiliate may operate, franchise, or license the operation of the acquired brand within and outside the Designated Area, without offering any rights or compensation to you. You do not have any right to sublicense or sub-franchise within or outside of the Designated Area and under this Agreement you do not have the right to operate more than one Aira Fitness Business within the Designated Area without our prior written approval and must sign a separate Franchise Agreement for any additional Aira Fitness Business.
- D. Reserved Rights. We reserve to ourselves all other rights to use the System and Marks anywhere and in any manner including, without limitation, the right to offer, sell or distribute items such as training videos, equipment, athletic gear, etc., associated with the System (now or in the future) or identified by the Marks, or any other trademarks, service marks or trade names, through any distribution channels or methods, without compensation to any franchisee.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Aira Fitness and its affiliates possess the right to develop, operate, and grant others the right to develop and operate Aira Fitness businesses outside a franchisee's designated area. This is regardless of the proximity to the designated area or any potential negative impact on the franchisee's business.
Furthermore, Aira Fitness and its affiliates can develop, operate, and franchise other exercise facilities and businesses under different trademarks, both within and outside the designated area, even if they are similar to or competitive with Aira Fitness businesses. However, Aira Fitness will not operate, franchise, or license an exercise facility offering 24/7 keycard access that is substantially similar to an Aira Fitness business within the franchisee's designated area, unless it is in connection with the acquisition of a multi-unit brand.
Aira Fitness also reserves all rights to use the System and Marks in any manner, including offering and selling items like training videos, equipment, and athletic gear through any distribution channels without compensating the franchisee. This includes the right to provide and license third parties to provide ancillary programs at various locations, such as apartments, corporate offices, and other gyms, within and outside the franchisee's designated area, again without compensation to the franchisee.