Besides the United States Trademark Act, what law governs the Aira Fitness franchise agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 1051 et. seq.), and except that all issues relating to arbitrability or the enforcement or interpretation of the agreement to arbitrate set forth in this Section shall be governed by the United States Arbitration Act (9 U.S.C.
Section 1 et seq) and the federal common law relating to arbitration, this Agreement and the franchise shall be governed by the internal laws of the State of Illinois (without reference to its choice of law and conflict of law rules), except that the provisions of any franchise law of such state shall not apply unless the jurisdictional requirements ofsaid law have been met independently of this provision.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the franchise agreement, excluding issues relating to arbitrability, is governed by the internal laws of the State of Illinois. This is without regard to Illinois's choice of law and conflict of law rules. However, the provisions of any franchise law of Illinois will not apply unless the jurisdictional requirements of said law have been met independently of this provision.
Issues regarding arbitrability or the enforcement or interpretation of the agreement to arbitrate are governed by the United States Arbitration Act. This means that any disputes arising from the franchise agreement will be subject to Illinois law, unless they involve arbitration, in which case federal law takes precedence.
This clause ensures that Aira Fitness franchise agreements are interpreted consistently, as Illinois law will be applied in most situations. However, franchisees should be aware that federal law will govern arbitration-related matters, which could lead to different outcomes depending on the specific issue. Franchisees should consult with legal counsel to understand the implications of these governing laws on their specific circumstances.