Can Aira Fitness specify the terms and conditions for selling memberships periodically?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ber and billing information must be promptly and accurately
entered into the approved technology system according to our then-current policies.
- a. You must use Membership Agreements that are based on our then-current standard form of Membership Agreement, with the exception, however, that there may be state and local laws that may require you to alter the Membership Agreement in the jurisdictions under which your Aira Fitness Business operates – you must abide by those laws. You are solely and exclusively responsible for ensuring that the Membership Agreements you use in connection with the operation of your Aira Fitness Business comply with all applicable laws and regulations. Any changes to the form document must be approved in writing by us. The Membership Agreement must include: (i) a reciprocity provision that permit members from your Aira Fitness Business to use other facilities and permits another facility's members to also use your Aira Fitness Business, (ii) a waiver and release of us and our affiliates, (iii) requirement for members to pay a yearly maintenance fee in addition to ongoing fees, and (iv) a statement identifying the Aira Fitness Business as an independently-owned franchised location. You must permit members of other facilities to use your Aira Fitness Business under such terms and conditions as we may state in writing from time to time. All Membership Agreements and all billings of any type must be processed through the approved technology system.
- b. We have the right to prohibit or cancel memberships you sell that will expire beyond the expiration date of your Term or any exercised renewal term. You are responsible for all refunds or liabilities to your members due to the cancelation of memberships as provided in this paragraph. You must execute the Membership Contract Assignment Agreement in the form attached at Attachment G.
- c. Minimum Membership Requirement. Beginning on the one-year anniversary of opening for business, you must, at all times, have at least 150 members ("Minimum Membership Requirement"). If, during your second year of operation and thereafter, you do not maintain the Minimum Membership Requirement for 2 consecutive months, we may: (1) require your Principal and General Managers we determine to attend additional training programs; or (2) provide on-site assistance and consultation at your expense. If we provide any additional training, assistance or consultation, you must cover all costs and expenses for such training, assistance or consultation.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness FDD, franchisees must use membership agreements based on Aira Fitness's current standard form, while adhering to state and local laws. Any changes to the standard form require written approval from Aira Fitness. The membership agreement must include a reciprocity provision, a waiver and release for Aira Fitness and its affiliates, a requirement for members to pay a yearly maintenance fee, and a statement identifying the business as an independently-owned franchise. Franchisees must also allow members of other facilities to use their Aira Fitness location under terms and conditions specified by Aira Fitness in writing. All membership agreements and billings must be processed through an approved technology system.
Aira Fitness retains the right to prohibit or cancel memberships that extend beyond the term or any renewal term of the franchise agreement, and the franchisee is responsible for refunds or liabilities resulting from such cancellations. Franchisees are required to execute a Membership Contract Assignment Agreement. Beginning one year after opening, franchisees must maintain a minimum of 150 members. Failure to meet this requirement for two consecutive months may result in mandatory additional training for the Principal and General Managers or on-site assistance and consultation at the franchisee's expense.
These stipulations ensure that Aira Fitness maintains control over key aspects of the membership process, including the form of the membership agreement, the terms under which memberships are offered, and the technology used to manage memberships and billings. This level of control is common in franchising, as it allows the franchisor to maintain brand consistency and quality standards across all locations. However, it also means that franchisees have limited flexibility in tailoring membership offerings to local market conditions without prior approval from Aira Fitness.
Prospective franchisees should carefully review the standard form of Membership Agreement and any related policies to understand the specific terms and conditions they will be required to implement. They should also inquire about the costs associated with additional training or on-site assistance if they fail to meet the minimum membership requirement. Understanding these requirements and potential costs is crucial for assessing the financial viability of an Aira Fitness franchise.