factual

In connection with any arbitration proceeding, how long after the filing of a claim does Aira Fitness or the Developer have to file any compulsory counterclaim?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisor and Developer agree that, in connection with any arbitration proceeding, each shall file any compulsory counterclaim (as defined by the Federal Rules of Civil Procedure) within thirty (30) days after the date of the filing of the claim to which it relates.

Source: Item 23 — **RECEIPTS (FDD pages 59–254)

What This Means (2025 FDD)

According to Aira Fitness's 2025 Franchise Disclosure Document, in the event of an arbitration proceeding, both Aira Fitness and the Developer are required to submit or file any claim that would be considered a compulsory counterclaim within thirty days after the date of filing of the initial claim to which it relates. The FDD specifies that the definition of a compulsory counterclaim is based on the then-current Rule 13 of the Federal Rules of Civil Procedure.

This means that if a franchisee initiates an arbitration claim against Aira Fitness, Aira Fitness must file any related counterclaims within 30 days of that initial filing. Failure to do so will bar Aira Fitness from raising that claim in the arbitration. The same requirement applies to the franchisee if Aira Fitness initiates the arbitration.

This clause ensures that all related disputes are resolved in a single arbitration proceeding, promoting efficiency and preventing piecemeal litigation. It is important for prospective franchisees to understand this requirement, as failing to assert a compulsory counterclaim within the specified timeframe could result in the permanent loss of that claim.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.