Who bears the cost if Aira Fitness notifies a franchisee to discontinue or modify the use of any mark?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Your use of the Marks and any goodwill is to our and our affiliate's exclusive benefit and you retain no rights in the Marks. You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks including the adoption of new Marks, new program offerings, new equipment or new techniques and you must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. You must comply, at your cost, within a reasonable time if we notify you to discontinue or modify your use of any Mark. We will have no liability or obligation as to your modification or discontinuance of any Mark.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the franchisee is responsible for the costs associated with discontinuing or modifying the use of any mark if Aira Fitness notifies them to do so. This means that if Aira Fitness decides to change its branding or if the franchisee is required to stop using a particular mark for any reason, the franchisee must bear the expenses of making those changes. Aira Fitness will not be liable for these costs.
This could include expenses related to changing signage, marketing materials, or any other items that display the mark. It is important for prospective franchisees to consider this potential cost when evaluating the Aira Fitness franchise opportunity. Trademark issues can arise unexpectedly, and franchisees need to be prepared to cover the costs of compliance.
In the event that Aira Fitness determines a trademark infringement action requires changes or substitutions to the marks, the franchisee must make these changes at their own expense. This highlights the importance of franchisees budgeting for potential rebranding or modification costs throughout the term of their franchise agreement. Franchisees should also be aware that Aira Fitness is not obligated to defend or indemnify them in case of legal proceedings related to the use of the marks.