What costs are included in the total costs the franchisee must pay if Aira Fitness obtains an injunction or order of specific performance?
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 is responsible for covering Aira Fitness's associated costs. These costs encompass all expenses Aira Fitness incurs to secure the injunction or order.
The specific costs that the franchisee must pay include reasonable attorneys' fees, which are the payments made to lawyers for their legal services. Expert witness fees, which are payments to specialists who provide testimony or opinions in court, are also included. The franchisee is also responsible for the costs of investigation and proof of facts, which cover expenses related to gathering evidence and establishing the truth of certain facts in the legal proceedings.
Additional costs the franchisee must cover include court costs, which are the fees associated with filing documents and other court-related expenses. Other litigation expenses, which can include a variety of costs related to the legal proceedings, are also the franchisee's responsibility. Furthermore, the franchisee must pay for travel and living expenses incurred by Aira Fitness during the process of obtaining the injunction or order. Finally, the franchisee is liable for any damages Aira Fitness incurs as a result of the franchisee's breach of the provision that led to the injunction or order. The franchisee also agrees to waive any claims for damages if the injunction or specific performance order is later determined to have been issued improperly.