Under what conditions can the Aira Fitness Franchise Agreement be waived, altered, or rescinded?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Upon the expiration or termination of the Franchise Agreement, Aira Fitness has the right (but not the obligation) to unilaterally assume Tenant's interest in the Lease in accordance with Paragraph 2.
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- Modification. No amendment or variation of the terms of this Addendum is valid unless made in writing and signed by the parties and the parties have obtained Aira Fitness's written consent.
The parties acknowledge and agree that our then-current form of franchise agreement may be materially different than this Agreement and may include, among other things, different fees.
Additionally, in the event of a transfer, we have the unilateral right to change or modify the boundaries of the Designated Area under the new franchise agreement.
The Designated Area modification, if any, will be noted in the new franchise agreement issued with respect to the transfer.
You must use Membership Agreements that are based on our then-current standard form of Membership Agreement, with the exception, however, that there may be state and local laws that may require you to alter the Membership Agreement in the jurisdictions under which your Aira Fitness Business operates – you must abide by those laws.
Any changes to the form document must be approved in writing by us.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the franchise agreement can be affected under certain circumstances related to lease agreements, transfers, and membership agreements.
Specifically, Aira Fitness has the right to unilaterally assume the tenant's interest in the lease upon the expiration or termination of the Franchise Agreement. Additionally, modifications to the lease addendum require written consent from Aira Fitness to be valid. This indicates that Aira Fitness retains control over key aspects of the franchisee's operations, particularly concerning the physical location and adherence to brand standards.
In the event of a transfer of ownership, Aira Fitness has the unilateral right to change or modify the boundaries of the designated area under the new franchise agreement. The new franchise agreement will reflect any modifications to the designated area. Furthermore, franchisees are required to use membership agreements based on Aira Fitness's current standard form, although alterations may be necessary to comply with local laws. Any changes to the standard form must receive written approval from Aira Fitness.
These provisions collectively highlight that while franchisees operate independently, Aira Fitness maintains significant control over various aspects of the business, including location, lease terms, membership agreements, and transfer conditions. Prospective franchisees should carefully consider these factors and seek clarification from Aira Fitness regarding any specific concerns or questions they may have.