On what terms and conditions must Aira Fitness franchisees sell memberships?
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. If, during yoursecond year of operation and thereafter, you do not maintain the Minimum Membership Requirement for 6 consecutive months, we may eliminate your territorial protection or terminate the Franchise Agreement.
- D. Approved Supplies and Suppliers. We will furnish to you from time to time lists of approved supplies or approved suppliers. You must only use approved equipment, products, fixtures, signs, advertising materials, trademarked items and other items (collectively, "approved supplies") in the Aira Fitness Business as listed in the approved supplies and approved suppliers lists, as we may amend from time to time. Although we do not do so for every item, we have the right to approve the manufacturer of approved supplies. You acknowledge and agree that certain approved supplies may only be available from one source, and we or our affiliates may be that source. You will pay the then-current price in effect for approved supplies you purchase from us or our affiliates. All inventories, products, operating forms, materials and other items and supplies used in the operation of the Aira Fitness Business must be purchased from approved suppliers and any items not included on the approved supplies or approved suppliers list must conform to the specifications and standards we establish from time to time. ALTHOUGH APPROVED BY US, WE AND OUR AFFILIATES MAKE NO WARRANTY AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS, EQUIPMENT (INCLUDING WITHOUT LIMITATION AND ANY REQUIRED TECHNOLOGY SYSTEMS), SUPPLIES, FIXTURES, FURNISHINGS OR OTHER APPROVED ITEMS.
- E. Technology System. You must purchase and use any technology system that we develop or select for the Aira Fitness Business or System, including all future updates, supplements and modifications (the "Technology
System"). The Technology System may include all hardware and software used in the operation of the Aira Fitness Business, including (i) all computer hardware and related accessories and peripheral equipment for video surveillance, door access, digital media and telephone systems and (ii) the billing, electronic point-of-sale cash registers, Aira Fitness Business management and back office programs used to record, analyze and report sales and Aira Fitness Business operations. Requirements for use may include, among other things, connection to remote servers, off-site electronic repositories, and high-speed Internet connections, and establishment of one or more email accounts.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees must use the brand's standard Membership Agreements, which must be entered into the approved technology system according to Aira Fitness's current policies. Franchisees are responsible for ensuring their Membership Agreements comply with all applicable laws and regulations, and any changes to the standard form must be approved in writing by Aira Fitness.
The Membership Agreement must include a reciprocity provision allowing members to use other facilities, a waiver and release of Aira Fitness and its affiliates, a requirement for members to pay a yearly maintenance fee in addition to ongoing fees, and a statement identifying the business as an independently-owned franchised location. Franchisees must also permit members of other facilities to use their Aira Fitness Business under terms and conditions specified in writing by Aira Fitness. All Membership Agreements and billings must be processed through the approved technology system. Aira Fitness has the right to prohibit or cancel memberships that extend beyond the expiration date of the franchise term, and the franchisee is responsible for refunds or liabilities resulting from such cancellations.
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 required additional training for the Principal and General Managers or on-site assistance and consultation at the franchisee's expense. Aira Fitness also reserves the right to negotiate contracts with companies, affinity groups, and insurance plans that require franchisees to offer specific terms and discounts to their members, which franchisees are obligated to provide. Aira Fitness or its affiliates may also engage in administrative tasks related to member administration, such as online enrollment or membership transfer programs, and may make necessary corrections, including issuing credits and charges for membership dues to affected Aira Fitness Businesses.
Franchisees must operate their Aira Fitness Business in strict compliance with all applicable laws and with the required standard procedures, policies, rules and regulations established by Aira Fitness. Aira Fitness reserves the right to establish prices for the products and services franchisees sell, both minimum and maximum, subject to applicable law. Unless stated otherwise in writing, any list or schedule of prices Aira Fitness furnishes is a recommendation only and any decision franchisees make to accept or reject the suggestion will not affect the relationship between them.