Under what circumstances can an Aira Fitness franchisee change the location of the equipment?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not relocate your Aira Fitness Business without our prior written consent.
If you need to relocate because of condemnation, destruction, or expiration or cancellation of your lease for reasons other than your breach, we will grant you authority to do so at a site acceptable to us that is within your Designated Area, is reasonably suited for an Aira Fitness Business and does not infringe on the rights of any other AIRA Fitness franchisee, provided that the new Aira Fitness Business is open and operating within sixty (60) days after you discontinue operation at the present Aira Fitness Business, all in accordance with our then-current standards.
If you voluntarily decide to relocate the Aira Fitness Business, your right to relocate the Aira Fitness Business will be void
and your interest in this Agreement will be voluntarily abandoned, unless you have given us notice of your intent to relocate not less than sixty (60) days prior to closing the Aira Fitness Business, have procured a site within your Designated Area that we accept fifteen (15) days prior to such closure, have opened the new Aira Fitness Business for business within 24 hours of such closure and complied with any other conditions that we reasonably require. You must pay the costs of any relocation, and we reserve the right to charge you for any reasonable costs that we incur. Upon relocation of your Aira Fitness Business for any reason, we may modify your Designated Area, in our sole judgment, to take into account the designated areas of neighboring Aira Fitness Businesses and other factors.
In the event your Aira Fitness Business is destroyed or damaged and you repair the Aira Fitness Business at the Authorized Location (rather than relocate the Aira Fitness Business), you must repair and reopen the Aira Fitness Business at the Authorized Location in accordance with our then-current standards for the destroyed or damaged area within twenty (20) days of the date of occurrence of the destruction or damage, or such longer time as we reasonably determine, in our sole judgment, is required given the nature and extent of the damage.
We have the right to refuse to consent to a relocation in the event you lose the right to occupy the Aira Fitness Business premises because of the termination of your lease due to your breach. Further, the cancellation of your lease due to your breach is grounds for immediate termination under Section 14.B.2.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, a franchisee cannot relocate their Aira Fitness business without prior written consent from Aira Fitness. If relocation is needed due to condemnation, destruction, or lease expiration/cancellation (not caused by the franchisee's breach), Aira Fitness will authorize relocation to a suitable site within the franchisee's Designated Area. This new site must not infringe on other Aira Fitness franchisees' rights and must meet Aira Fitness's standards. The new Aira Fitness business must be operational within 60 days of ceasing operations at the original location.
If a franchisee voluntarily decides to relocate, their right to do so is void, and their agreement interest is voluntarily abandoned unless specific conditions are met. These conditions include providing notice to Aira Fitness at least 60 days before closing the original business, securing an approved site within the Designated Area 15 days before closure, opening the new business within 24 hours of closing the original, and complying with any other reasonable conditions required by Aira Fitness.
The franchisee is responsible for all relocation costs, and Aira Fitness reserves the right to charge for any incurred costs. Upon relocation, Aira Fitness may modify the franchisee's Designated Area to account for neighboring Aira Fitness businesses and other factors. If the Aira Fitness business is destroyed or damaged, the franchisee must repair and reopen at the Authorized Location within 20 days of the incident, following Aira Fitness's standards for the affected area, unless Aira Fitness determines a longer period is needed based on the damage extent. Aira Fitness can refuse relocation if the franchisee loses the right to occupy the premises due to a lease termination caused by the franchisee's breach, which can also lead to immediate termination of the Franchise Agreement.
In summary, relocating an Aira Fitness business requires careful adherence to the franchisor's guidelines, with distinctions made between involuntary (e.g., due to property damage) and voluntary relocations. Franchisees bear the financial burden of relocation and must maintain operational continuity to avoid jeopardizing their franchise agreement.