factual

When does the termination of the Aira Fitness franchise agreement become effective after written notice is issued?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

iling or delivering to you written notice of termination that will identify the grounds for the termination; and (iv) the termination will be effective immediately upon our issuance of the written notice of termination.

    1. Immediate Termination With No Opportunity to Cure. In the event any of the following defaults occurs, you will have no right or opportunity to cure the default and this Agreement will terminate effective immediately on our issuance of written notice of termination: (i) you have failed to identify a mutually acceptable site for the operation of the Aira Fitness Business or to open the Aira Fitness Business for business within the time period provided by this Agreement; (ii) you or any Owner has made any material misrepresentation or omission in your franchise application or any other report to us; (iii) your voluntary abandonment of this Agreement or the Authorized Location, (iv) the loss of your lease, or the failure to timely cure a default under the lease, (v) the loss of your right of possession or failure to reopen or relocate under Section 5.G.; (vi) the closing of the Aira Fitness Business by any state or local authorities for health or public safety reasons; (vii) any unauthorized use of the Confidential Information; (viii) voluntary or involuntary bankruptcy by or against you or any Owner or guarantor, insolvency, making an assignment for the benefit of creditors or any similar voluntary or involuntary arrangement for the disposition of assets for the benefit of creditors; (ix) conviction of you, any Owners, or guarantors of (or pleading no contest to) any felony or misdemeanor that brings or tends to bring any of the Marks into disrepute or impairs or tends to impair your reputation or the goodwill of the Marks or the Aira Fitness Business, (x) you, any Owner, guarantor or an affiliate of any of you are listed by the United States or United Nations as being a terrorist, financier of terrorism or otherwise restricted from doing business in or with the United States; (xi) intentionally underreport membership sales or Gross Sales, falsify financial data, or otherwise commit an act of fraud with respect to your acquisition of this franchise or your rights or obligations under this Agreement, or any understatement or 2% variance on a subsequent audit within a two- year period under Section 10.C., (xii) any unauthorized transfer or assignment in violation of Section 12; (xiii) your failure to use the approved payment processor, (xiv) you failed to meet the Minimum Membership Requirement for six (6) consecutive months, (xv) you failed to meet the Minimum Monthly Gross Sales Requirement for six (6) consecutive months, or *(xv)*any default by you that is the second same or similar default within any 12 month consecutive period or the third default of any type within any 24-month consecutive period.
    1. Immediate Termination After No More than 24 Hours to Cure. In the event that a default under this Agreement occurs that materially impairs the goodwill associated with any of the Marks, violates any health, safety or sanitation law or regulation, or if the operation of the Aira Fitness Business presents a health or safety hazard to your members or to the public: (i) you will have no more than 24 hours after we provide written notice of the default to cure the default; and (ii) this Agreement will terminate effective immediately on our issuance of written notice of termination.
    1. Effect of Other Laws. The provisions of any valid, applicable law or regulation prescribing permissible grounds, cure rights or minimum periods of notice for termination of this franchise supersede any provision of this Agreement that is less favorable to you.
  • B. Cross Default. Where there is more than one agreement in existence between you and us (including agreements guaranteed by the Owners), you agree that we have the right to treat a material breach or default of any one agreement between the parties as a material breach or default of all or any of the other agreements between the parties, and any such material breach or default of any one agreement shall be treated, in respect of any of the other agreements, as a material breach or default of each such agreement in accordance with its own terms.

  • C. Termination by You.

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

What This Means (2025 FDD)

According to the 2025 Aira Fitness Franchise Disclosure Document, the termination of the franchise agreement varies depending on the reason for termination. In certain situations, Aira Fitness can terminate the agreement immediately upon written notice, without providing an opportunity for the franchisee to cure the default. These situations include failing to identify a suitable site or open the business on time, making misrepresentations in the franchise application, voluntary abandonment of the agreement, loss of the lease, unauthorized use of confidential information, bankruptcy, conviction of a felony, being listed as a terrorist, intentionally underreporting sales, unauthorized transfer of the franchise, failure to use the approved payment processor, or failing to meet minimum membership or gross sales requirements. Additionally, immediate termination can occur if the franchisee commits a second similar default within 12 months or a third default of any type within 24 months.

In cases where the franchisee's default materially impairs the goodwill associated with the Aira Fitness marks, violates health, safety, or sanitation laws, or presents a health or safety hazard, the franchisee has no more than 24 hours to cure the default after receiving written notice. If the franchisee fails to cure within this timeframe, Aira Fitness can terminate the agreement immediately upon issuing a second written notice of termination.

If Aira Fitness breaches a material provision of the agreement, the franchisee must provide written notice of the breach and allow Aira Fitness a reasonable time, but no less than 90 days, to cure the breach. If Aira Fitness fails to cure the breach within this period, the termination becomes effective 60 days after Aira Fitness receives the franchisee's written notice of breach. This type of termination does not release the franchisee from post-term obligations related to confidential information and non-competition agreements.

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.