What claims does the franchisee waive if an injunction or specific performance order is later determined to be improperly issued against them by Aira Fitness?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If we obtain an injunction or order of specific performance, you agree to pay us an amount equal to the total of our costs of obtaining it, including, without limitation, reasonable attorneys' fees, expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses, and any damages we incur as a result of the breach of any such provision. You further agree to waive any claims for damages in the event there is a later determination that an injunction or specific performance order was issued improperly.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, if Aira Fitness obtains an injunction or order of specific performance against a franchisee, the franchisee agrees to pay Aira Fitness for all costs associated with obtaining the order. These costs include reasonable attorneys' fees, expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses.
More importantly, the franchisee also agrees to waive any claims for damages if it is later determined that the injunction or specific performance order was improperly issued. This means that even if the franchisee suffers financial losses or other harm due to an improperly issued order, they cannot sue Aira Fitness to recover those losses.
This waiver is a significant risk for prospective Aira Fitness franchisees. It is important to carefully consider the potential implications of this provision before signing the franchise agreement. Franchisees should seek legal counsel to fully understand their rights and obligations under the agreement.