Under what circumstances, related to rent payments, would an Aira Fitness franchisee be considered in default?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, an Aira Fitness franchisee faces immediate termination without the opportunity to cure the default if they lose their lease or fail to address a default under the lease in a timely manner. This means that if the franchisee fails to pay rent or otherwise violates the terms of their lease agreement, leading to its termination, Aira Fitness can immediately terminate the franchise agreement.
This provision highlights the critical importance of managing the lease agreement effectively. Franchisees must ensure timely rent payments and compliance with all lease terms to avoid jeopardizing their franchise. The franchisor, Aira Fitness, also has the right to receive written notice of any default or violation under the lease agreement. Aira Fitness has the option, but not the obligation, to cure the default and assume the tenant's interest in the lease.
This clause is significant because it underscores the interconnectedness of the franchise agreement and the lease agreement. A failure in one can directly and immediately trigger consequences in the other. Prospective Aira Fitness franchisees should carefully review the lease terms and ensure they have a solid plan for managing their lease obligations to mitigate the risk of default and termination.