Who controls litigation in the event of improper use or infringement of the Aira Fitness Marks?

According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness retains the right to control any litigation related to its copyrights or the Work. This means that Aira Fitness, not the franchisee, will direct and manage any legal proceedings concerning the brand's intellectual property. The franchisee agrees to assist Aira Fitness, as directed, in any claim or action against an infringer.

This arrangement is typical in franchising, as the franchisor needs to protect its brand and intellectual property consistently across all franchise locations. By maintaining control over litigation, Aira Fitness can ensure a unified legal strategy and protect the overall value of the Aira Fitness brand.

For a prospective Aira Fitness franchisee, this means they will need to cooperate with Aira Fitness in any legal matters related to the brand's trademarks or copyrights. While the franchisee may need to provide assistance, they will not be responsible for managing or financing the litigation, as Aira Fitness retains that control. This division of responsibility helps protect the franchisee from potentially significant legal expenses and allows them to focus on operating their Aira Fitness business.