Can Aira Fitness use the Aira Fitness System and Marks anywhere and in any manner?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
We reserve to ourselvesallotherrightsto use the SystemandMarks anywhere and in anymannerincluding, without limitation, the right to offer, sell or distribute items such as training videos, equipment, athletic gear, etc., associated with the System (now or in the future) or identified by the Marks, or any other trademarks, service marks or trade names, through any distribution channels or methods, without compensation to any franchisee.These distribution channels or methods may include, without limitation, retail stores, mail order, wholesale or the internet (or any other existing or future form of electronic commerce). For instance, we currently offer online member enrollment through www.airafitness.com and Groupon.
There are no restrictions on our rights to solicit or accept orders inside or outside of your Designated Area. We are not required to compensate you for soliciting or accepting orders in the Designated Area.
Source: Item 12 — **TERRITORY (FDD pages 43–45)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness retains significant rights to use the Aira Fitness System and Marks without restriction. Aira Fitness reserves all rights to use the System and Marks anywhere and in any manner, which includes the right to offer, sell, or distribute items associated with the System, such as training videos, equipment, and athletic gear, through any distribution channels without compensating franchisees. These channels can include retail stores, mail order, wholesale, or the internet.
This means that while franchisees operate their Aira Fitness Business within a designated area, Aira Fitness can engage in various activities that might compete with the franchisee's business. For example, Aira Fitness can sell training videos online or athletic gear through retail stores, even within a franchisee's designated area, without sharing any of the revenue with the franchisee. This is a common practice in franchising, where franchisors often retain rights to alternative distribution channels to maximize brand exposure and revenue.
Furthermore, Aira Fitness is not restricted from soliciting or accepting orders inside or outside a franchisee's designated area and is not required to compensate the franchisee for such activities. Aira Fitness also has the right to develop, license, or franchise Aira Fitness Businesses at Special Sites such as military bases, transportation facilities, sports facilities, college campuses, hotels, apartment complexes and corporate office buildings, even within a franchisee's designated area. This could introduce competition within the franchisee's market, potentially impacting their customer base and revenue.
For a prospective franchisee, this highlights the importance of understanding the scope of the designated area and the potential for competition from both Aira Fitness's direct activities and other franchisees. It is crucial to evaluate the market conditions and potential customer base within the designated area, considering that Aira Fitness retains the right to operate and grant franchises at Special Sites within that area. Franchisees should also inquire about Aira Fitness's plans for online sales, retail partnerships, and other distribution channels to fully assess the competitive landscape.