Are the rights and remedies conferred upon Aira Fitness exclusive of any other right or remedy?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) Exercise any other rights and remedies which we may have under applicable law.
D.
Right to Operate Upon Default.
In addition to our right to terminate this Agreement and not in lieu of such right or any other rights, in the event that you have not cured a default under this Agreement within fourteen (14) days after receipt of a written notice of default, we may, at our option, enter upon the premises and exercise complete authority with respect to the operation of the Aira Fitness Business until such time as we determine that the default has been cured and that there is compliance with the requirements of this Agreement.
You acknowledge and agree that our agent or other representative we designate may take over, control and operate the Business, that you shall pay us a fee for such management service, not to exceed fifteen percent (15%) of Gross Sales plus all travel expenses, room and board and other expenses actually incurred by such agent or representative so long as it shall be required to enforce compliance with this Agreement.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the rights and remedies it possesses are not exclusive. Specifically, Aira Fitness retains the right to exercise any other rights and remedies available to them under applicable law, in addition to the rights outlined in the franchise agreement.
This means that Aira Fitness is not limited to only the remedies specified in the agreement if a franchisee defaults. They can pursue any legal avenues available to them, offering them greater flexibility in addressing breaches of contract or other issues. For a prospective franchisee, this highlights the importance of understanding all applicable laws and regulations, as these could be invoked by Aira Fitness in addition to the terms of the franchise agreement.
Furthermore, Aira Fitness has the right to enter the premises and operate the Aira Fitness business if a default is not cured within 14 days of written notice. During this period, the franchisee will be charged a fee not exceeding 15% of gross sales, in addition to all travel expenses, room and board, and other expenses incurred by the agent or representative managing the business. This underscores the significant control Aira Fitness can exert over the franchise in the event of a default, and the potential financial burden placed on the franchisee during such times.