Besides Attachment A, how else can an Aira Fitness franchisee be directed to use trademarks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
use of the Marks in a derogatory, negative, or other inappropriate manner in any media, including but not limited to print or electronic media.
- B. Use of the Marks. You may not use, or permit the use of, any trademarks, trade names or service marks in connection with the Aira Fitness Business except those listed in Attachment A or except as we otherwise direct in writing. You may use the Marks only in connection with such services and products as we specify and only in the form and manner we prescribe in writing. You must comply with all trademark, trade name and service mark notice marking requirements. You may use the Marks only in association with services and products approved by us and that meet our standards or requirements with respect to quality, safety and performance. You must refrain, and cause each Covered Person (as defined in Section 10.D.1) and each of your employees and independent contractors to refrain from making or publishing any remarks that disparage or derogate us or the AIRA FITNESS brand. This prohibition applies to oral remarks and remarks that are published in print, electronic, and social media. Your use of the Marks on the internet is governed by Section 6.L below. A breach of your obligations under this Section 3.B is a material default under this Agreement.
- C. Aira Fitness Business Identification. You must use the name "AIRA FITNESS" as the trade name of the Aira Fitness Business and you may not use any other mark or words to identify the Aira Fitness Business without our prior written consent. You may not use the words "AIRA" or "AIRA FITNESS" or any of the other Marks as part of the name of your corporation, partnership, limited liability company or other similar entity.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, an Aira Fitness franchisee may be directed to use the brand's trademarks as instructed in writing by the franchisor. The franchisee cannot use any trademarks, trade names, or service marks related to the Aira Fitness business unless they are listed in Attachment A or specifically directed in writing by Aira Fitness. The franchisee must also use the marks only in connection with services and products that Aira Fitness specifies and in the manner that they prescribe in writing.
This means that while Attachment A provides a baseline for approved trademark usage, Aira Fitness retains the authority to modify or expand upon these guidelines through written directives. It is the franchisee's responsibility to stay informed of any such directives and to ensure compliance in all marketing and operational materials. This requirement extends to all trademark, trade name, and service mark notice marking requirements.
The franchisee must use the name "AIRA FITNESS" as the trade name of their Aira Fitness Business and cannot use any other mark or words to identify the business without prior written consent. They also cannot use "AIRA" or "AIRA FITNESS" or any of the other Marks as part of the name of their corporation, partnership, limited liability company or other similar entity. The franchisee can use the Marks on materials like business cards, stationery, and checks, provided they accurately depict the Marks, include a statement indicating independent ownership, do not use the Marks with other trademarks without written approval, and provide copies of the materials to Aira Fitness upon request. The franchisee must also post a prominent sign identifying themselves as an Aira Fitness franchisee in a format deemed reasonably acceptable by Aira Fitness.
These stipulations ensure that Aira Fitness maintains control over its brand identity and that all franchisees adhere to consistent standards in their use of trademarks. This protects the brand's reputation and ensures uniformity across all Aira Fitness locations. Franchisees should seek clarification from Aira Fitness regarding any uncertainties in trademark usage to avoid potential breaches of the franchise agreement.