Can Aira Fitness amend Attachment A regarding available Marks, and what are the implications for franchisees?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
We may amend this Attachment A from time to time in order to make available additional Marks or to delete those Marks that become unavailable. You agree to use only those Marks that are then currently authorized in this Attachment or the Manual.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness retains the right to modify Attachment A of the Franchise Agreement, which lists the approved trademarks or "Marks" franchisees are authorized to use. These Marks include "AIRA FITNESS" and the "AIRA FITNESS design." Aira Fitness can amend Attachment A to add new Marks or remove existing ones that are no longer available.
This ability to amend Attachment A has important implications for franchisees. Franchisees must only use the Marks currently authorized in Attachment A or the Manual. If Aira Fitness adds new Marks, franchisees may have the opportunity to incorporate these into their branding and marketing efforts. Conversely, if Aira Fitness removes Marks, franchisees must discontinue their use. Failure to comply with these changes constitutes a breach of the Franchise Agreement.
This provision ensures that Aira Fitness maintains control over its brand identity and can adapt its trademarks as needed. Franchisees need to stay informed of any changes to Attachment A and promptly implement any required modifications to their business operations and marketing materials to remain compliant with the Franchise Agreement. Franchisees should pay close attention to updates from Aira Fitness regarding authorized Marks to avoid potential penalties or legal issues.