Under what circumstances can Aira Fitness's Affiliate repossess the Pod without notice to the Franchisee?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Without notice to Franchisee, repossess the Pod wherever found, with or without legal process, and for this purpose Franchisor's Affiliate and/or its agents may enter upon any premises of or under the control or jurisdiction of Franchisee or any agent of Franchisee, without liability for suit, action or other proceeding by Franchisee (any damages occasioned by such repossession being hereby expressly waived by Franchisee) and remove the Pod therefrom; Franchisee further agrees on demand, to assemble the Pod and make it available to Franchisor's Affiliate at a place to be designated by Franchisor's Affiliate which is reasonably convenient to Franchisor's Affiliate;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, specifically within Item 23 concerning receipts, the Franchisor's Affiliate has the right to repossess the Pod without providing prior notice to the franchisee. This repossession can occur wherever the Pod is located.
To execute the repossession, Aira Fitness's Affiliate, along with its agents, is permitted to enter any premises under the franchisee's control or jurisdiction. This entry can be done with or without any legal process. The franchisee, by agreeing to the terms, waives any right to sue or take action against the Franchisor's Affiliate for damages that may occur during the repossession process.
Furthermore, the franchisee is obligated to assemble the Pod and make it accessible to Aira Fitness's Affiliate upon request. The designated location for this handover will be determined by the Franchisor's Affiliate, ensuring it is reasonably convenient for them. This clause underscores the significant power the Franchisor's Affiliate holds regarding the physical assets of the Aira Fitness franchise and the franchisee's limited recourse in the event of repossession.