Does the choice of Illinois law incorporate provisions not expressly stated in the Aira Fitness 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 and the franchise itself are governed by the internal laws of Illinois, without regard to its 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. This means that while Illinois law generally governs the agreement, specific Illinois franchise laws only apply if their jurisdictional requirements are met separately from this agreement.
This clause ensures that the Aira Fitness franchise agreement is interpreted under Illinois law, providing a consistent legal framework. However, it also clarifies that specific Illinois franchise laws do not automatically apply simply because the agreement is governed by Illinois law. This could impact a franchisee if they expect certain protections or regulations under Illinois franchise law to apply, as those protections would only be available if the jurisdictional requirements are met independently.
For a prospective Aira Fitness franchisee, this means understanding which specific Illinois franchise laws might be relevant to their situation and whether those laws' jurisdictional requirements are met. If those requirements are not met, the franchisee cannot rely on those specific Illinois laws for protection or recourse. It is advisable to seek legal counsel to determine the implications of this clause and whether any specific Illinois franchise laws are applicable to their franchise agreement.