Can an Aira Fitness tenant assign their lease to Aira Fitness without the landlord's consent?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Tenant has the right to assign all of its right, title and interest in the Lease to Aira Fitness or its successor, or either company's affiliates, at any time during the term of the Lease, including any extensions or renewals, without first obtaining Landlord's consent. No assignment will be effective, however, until Aira Fitness or its successor or designated affiliate gives Landlord written notice of its acceptance of the assignment. If Aira Fitness elects to assume the lease under this paragraph or unilaterally assumes the lease as provided for in subparagraphs 3(c) or 4(a), Landlord and Tenant agree that (i) Tenant will remain liable for the responsibilities and obligations, including amounts owed to Landlord, prior to the date of assignment and assumption, and (ii) Aira Fitness will have the right to sublease the Premises to another AIRA FITNESS franchisee, without further need for Landlord approval, provided the franchisee agrees to operate the Aira Fitness Business as an Aira Fitness Business pursuant to a franchise agreement with Aira Fitness. Aira Fitness will be responsible for the lease obligations incurred after the effective date of the assignment.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, a tenant has the right to assign their lease to Aira Fitness or its successors or affiliates without obtaining the landlord's consent. This assignment can occur at any time during the lease term, including extensions or renewals. However, the assignment is not effective until Aira Fitness provides the landlord with written notice of its acceptance of the assignment.
If Aira Fitness assumes the lease, the original tenant remains liable for responsibilities and obligations, including amounts owed to the landlord, prior to the assignment date. Aira Fitness is responsible for lease obligations incurred after the assignment's effective date. Furthermore, Aira Fitness has the right to sublease the premises to another Aira Fitness franchisee without needing further approval from the landlord, provided the new franchisee agrees to operate the Aira Fitness Business under a franchise agreement with Aira Fitness.
This clause provides Aira Fitness with significant flexibility and control over the leased premises. It allows Aira Fitness to step in and take over a lease if a franchisee defaults or leaves the system, ensuring continuity of the Aira Fitness business at that location. The ability to sublease to another franchisee without landlord approval further streamlines the process of maintaining an Aira Fitness presence. For a prospective franchisee, this arrangement offers some security, knowing that Aira Fitness can support the business's location even if the original franchisee can no longer operate it.