Under what condition is an Aira Fitness franchisee entitled to possession and use of the Pod?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- Use of Pod. So long as no Event of Default (as defined in 11., below) shall have occurred, Franchisee shall be entitled to possession and use of the Pod for the term of this Lease in its lawful business in accordance with the provisions of this Lease. The Pod is, and shall at all times be and remain, personal property notwithstanding that the Pod or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or permanently resting upon, real property or any building thereon. If requested by Franchisor's Affiliate with respect to any item of the Pod, Franchisee will obtain and deliver to Franchisor's Affiliate waivers of interest or liens in recordable form, satisfactory to Franchisor's Affiliate, from all persons claiming any interest in the real property on which such item of the Pod is installed or located.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, a franchisee is entitled to possession and use of the Pod for the term of the lease in their lawful business, provided that no Event of Default has occurred. The Pod remains personal property, regardless of any attachment to real property.
An Aira Fitness franchisee must maintain the Pod in good repair and working order at their own expense, including any required maintenance contracts. They are also responsible for all taxes, fees, and assessments related to the Pod, excluding taxes based on the net income of Franchisor's Affiliate. Additionally, the franchisee is responsible for all shipping and delivery charges associated with the Pod.
The franchisee cannot change the location of the Pod without prior written consent from Franchisor's Affiliate. They also cannot assign or sublease their rights or obligations under the lease without the same prior written consent. Any attempted assignment in breach of this provision will be considered void.
Franchisor's Affiliate has the right to assign its rights under the agreement to a third party. The franchisee's right to use the Pod is contingent upon fulfilling their obligations under the lease agreement and avoiding any default events as defined in the lease.