Does the Aira Fitness agreement consider the manufacturer, supplier, or their agents to be agents of the franchisor?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
, then and in that event no suit, arbitration proceeding, or other action may be commenced or maintained unless commenced within the applicable statute of limitations.
16. RELATIONSHIP OF THE PARTIES/INDEMNIFICATION.
- A. Independent Contractor; No Fiduciary Relationship. It is understood and agreed by both you and us that this Agreement does not create a fiduciary relationship between us, that we are independent contractors and that nothing in this Agreement isintended to make either of us a general orspecial agent, legal representative,subsidiary, joint venturer, partner, employee or servant of the other for any purpose whatsoever. You agree to conspicuously identify yourself at the Aira Fitness Business and in all dealings with potential and existing customers, employees, suppliers, and others as the owner of an independent Aira Fitness Business pursuant to a franchise agreement with us. You further agree to place any notices of independent ownership on your signs, forms, business cards, stationery, advertising and other materials that we may require from time to time.
- B. No Liabilities, No Warranties. We have not authorized or empowered you to use the Marks except as provided by this Agreement. You agree not use any Mark in signing any contract, lease, mortgage, check, purchase agreement, negotiable instrument, application for any license or permit, or any other legal obligation, or in any manner that may result in liability to us for any indebtedness or obligation of yours.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the franchise agreement explicitly states that the relationship between the franchisor and franchisee is that of independent contractors. Specifically, the agreement clarifies that nothing within it is intended to establish either party as a general or special agent, legal representative, subsidiary, joint venturer, partner, employee, or servant of the other for any purpose. This distinction is crucial as it ensures that franchisees operate their Aira Fitness businesses independently, without creating any legal liabilities for Aira Fitness Franchising, LLC based on the franchisee's actions.
This independent contractor status means that Aira Fitness franchisees are responsible for their own business operations, including managing employees, dealing with suppliers, and handling customer relations. Franchisees must also conspicuously identify themselves as the owners of an independent Aira Fitness business in all their dealings with customers, employees, and suppliers. This includes placing notices of independent ownership on signs, forms, business cards, and other materials as required by Aira Fitness.
The agreement further emphasizes that Aira Fitness is not obligated by or liable for any agreements, representations, or warranties made by the franchisee that are not expressly authorized in the franchise agreement. Additionally, Aira Fitness is not responsible for any damages arising from the franchisee's operation of the Aira Fitness Business. This delineation of responsibilities protects Aira Fitness from potential legal claims related to the franchisee's actions and ensures that franchisees understand they are operating independently and bear the associated risks and liabilities.