Under what conditions can Aira Fitness declare the assignment agreement null and void?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing, Aira Fitness may, in its sole discretion and at any time prior to effectiveness of the assignment, declare this Agreement and the assignment contemplated hereunder null and void.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Aira Fitness has the authority to cancel the Membership Contract Assignment Agreement. Specifically, Aira Fitness may, at its sole discretion, declare the agreement and the assignment null and void. This can occur at any time before the assignment becomes effective.
This clause provides Aira Fitness with a significant degree of control over the assignment of membership contracts. For a franchisee, this means that even after an assignment agreement is in place, Aira Fitness retains the right to cancel it before it takes effect. This could happen for various reasons, such as concerns about the franchisee's compliance with the agreement or changes in Aira Fitness's business strategy.
Prospective Aira Fitness franchisees should be aware of this provision and understand the circumstances under which Aira Fitness might choose to exercise its right to cancel the assignment agreement. It would be prudent to discuss this clause with Aira Fitness during the due diligence process to gain a better understanding of their potential concerns and expectations regarding membership contract assignments.