Under what conditions can Aira Fitness waive an obligation of the franchisee?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- H.
Relocation.
You may not relocate your Aira Fitness Business without our prior written consent.
If you need to relocate because of condemnation, destruction, or expiration or cancellation of your lease for reasons other than your breach, we will grant you authority to do so at a site acceptable to us that is within your Designated Area, is reasonably suited for an Aira Fitness Business and does not infringe on the rights of any other AIRA Fitness franchisee, provided that the new Aira Fitness Business is open and operating within sixty (60) days after you discontinue operation at the present Aira Fitness Business, all in accordance with our then-current standards.
If you voluntarily decide to relocate the Aira Fitness Business, your right to relocate the Aira Fitness Business will be void
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
The 2025 Aira Fitness Franchise Disclosure Document outlines specific instances where Aira Fitness may choose to waive certain franchisee obligations, particularly concerning lease agreements and relocation scenarios.
In the context of lease agreements, Aira Fitness retains the right to assume the tenant's (franchisee's) interest in the lease upon expiration or termination of the Franchise Agreement. This ensures the continuity of the Aira Fitness Business. Additionally, the landlord acknowledges that the franchisee requires the lease addendum to operate, but the addendum does not create any liability for Aira Fitness unless Aira Fitness assumes the lease. Aira Fitness's written consent is required for any modifications to the lease addendum.
Regarding relocation, if a franchisee needs to relocate due to circumstances like condemnation or lease cancellation (not due to the franchisee's breach), Aira Fitness will allow relocation to a suitable site within the franchisee's designated area, provided the new location opens within sixty days. However, if a franchisee voluntarily decides to relocate, they must provide Aira Fitness with notice sixty days prior to closing, secure an accepted site fifteen days before closure, and reopen within 24 hours of closing the original location, complying with any other reasonable conditions set by Aira Fitness. Aira Fitness also reserves the right to modify the franchisee's designated area after relocation.
These provisions in the Aira Fitness FDD highlight the brand's interest in maintaining operational consistency and protecting its brand identity, while also providing some flexibility for franchisees facing unavoidable circumstances. Franchisees should carefully consider these conditions and understand the potential implications for their business operations.