factual

What specific franchisee obligations to Aira Fitness are excluded from force majeure suspension?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

If a party's default under this Agreement (other than your obligations with respect to insurance and indemnification, to obtain a site and open the Aira Fitness Business within a specified period, and to pay all fees and other amounts due to us and our affiliates under this Agreement and any other agreement between you and us or our affiliates), is caused in whole or in part by a force majeure, such default and any right of the other party to terminate this Agreement for such default is suspended for as long as the default is reasonably caused by such force majeure.

Source: Item 23 — **RECEIPTS (FDD pages 59–254)

What This Means (2025 FDD)

According to Aira Fitness's 2025 Franchise Disclosure Document, a force majeure event (defined as an event that cannot be prevented with reasonable diligence, such as natural disasters, cyber-attacks, war, etc.) will not suspend certain franchisee obligations.

Specifically, the franchisee's obligations with respect to insurance and indemnification are not subject to suspension due to a force majeure event. Additionally, the obligation to obtain a site and open the Aira Fitness Business within a specified period is not suspended. Most importantly, the franchisee's obligation to pay all fees and other amounts due to Aira Fitness and its affiliates under the Franchise Agreement or any other agreement between the franchisee and Aira Fitness or its affiliates is not suspended by a force majeure event.

This means that even if a significant event occurs that qualifies as force majeure, the franchisee must still maintain insurance, indemnify Aira Fitness, secure a location and open on time, and continue to pay all required fees. This is a significant point for prospective franchisees to consider, as it limits the protection offered by the force majeure clause and ensures that Aira Fitness continues to receive payments regardless of external events.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.