According to the Aira Fitness agreement, what representations are not disclaimed?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Aira Fitness makes no representation or warranty, express or implied, as to the use, exclusive ownership, validity, or enforceability of the marks. This means that Aira Fitness does not guarantee the franchisee's right to use the trademarks, trade names, and service marks associated with the Aira Fitness brand.
This disclaimer has significant implications for a prospective Aira Fitness franchisee. It means that Aira Fitness does not assure the franchisee that they have the right to use the trademarks, trade names, and service marks. The franchisee bears the risk that the use of these marks may be challenged by a third party.
In the event of a challenge to the use of the marks, the franchisee may have to defend their right to use them, potentially incurring legal costs. If the franchisee is prevented from using the marks, this could significantly impact their ability to operate the Aira Fitness business. Therefore, a prospective franchisee should carefully consider this disclaimer and seek legal advice to understand the risks involved.