Under what circumstances is Aira Fitness not obligated to offer the developer the right to establish or operate an additional Franchised Business?

According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness is not obligated to offer the developer the right to establish or operate an additional franchised business if bona fide arrangements or agreements with a third party, lease restrictions for the proposed premises, or other circumstances related to the establishment of the additional franchised business prevent it. In such cases, Aira Fitness is not required to offer the developer the option to establish the additional Aira Fitness Center.

This means that even if a developer has rights of first refusal, Aira Fitness can bypass those rights if external factors make it impractical or impossible to offer the opportunity to the developer. These factors could include pre-existing agreements with other parties interested in the location, restrictions imposed by the property owner or landlord, or other unforeseen issues that arise during the site selection and development process.

For a prospective Aira Fitness developer, this highlights the importance of understanding the potential limitations on their development rights. While the right of first refusal provides an advantage, it is not a guarantee that the developer will be able to establish additional franchises in their development area. It is crucial to carefully evaluate potential sites and understand any existing agreements or restrictions that could impact future development opportunities. Developers should proactively communicate with Aira Fitness to understand the specific circumstances that could limit their rights and to ensure they are well-informed about potential development challenges.