Does subletting the Aira Fitness premises affect the Guarantor's obligations?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
The Lease may be assigned, modified or amended in whole or in part or the Premises may be sublet in whole or in part without notice to Guarantor and without releasing Guarantor or affecting Guarantor's obligations under this Guaranty in any way.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the guarantor's obligations remain unaffected if the premises are sublet. The lease can be assigned, modified, or amended, or the premises can be sublet without notice to the guarantor, and this will not release the guarantor from their obligations. This provision ensures that the guarantor remains responsible for the franchisee's obligations under the lease, regardless of any changes to the lease terms or occupancy of the premises.
This clause protects Aira Fitness and its affiliates by maintaining the financial security provided by the guarantor, even if the franchisee's business operations change. For a prospective franchisee, this means that if a guarantor is required for the lease, that guarantor's obligations will continue even if the franchisee sublets the premises. The guarantor should be fully aware of this condition, as it ensures their continued responsibility regardless of who occupies the space.
This is a fairly standard practice in franchising, as franchisors want to ensure that lease obligations are met regardless of changes in the business. The guarantor provides an additional layer of financial security for the franchisor and the landlord. Franchisees should carefully review the lease agreement and guaranty to fully understand the guarantor's obligations and the circumstances under which those obligations might be triggered.