What effect does the addendum state that no statement, questionnaire, or acknowledgement signed by a franchisee in connection with the commencement of the Aira Fitness franchise relationship shall have?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to the 2025 FDD, several addenda to the Aira Fitness franchise agreement specify that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship can waive claims under state franchise law, including claims of fraud. It also prevents franchisees from disclaiming reliance on statements made by Aira Fitness or its representatives. This provision overrides any conflicting terms in other documents related to the franchise agreement. These stipulations are included in addenda specific to the states of New York, Illinois and Indiana.
For a prospective Aira Fitness franchisee, this means that certain protections are in place regarding their rights under state franchise laws. Even if a document signed at the beginning of the franchise relationship contains language that could be interpreted as a waiver of these rights, the addendum ensures that such waivers are not enforceable. This is particularly relevant in cases of alleged fraud by Aira Fitness during the inducement phase, where the franchisee might claim they were misled into signing the agreement.
This protection extends to preventing a franchisee from disclaiming reliance on statements made by Aira Fitness. This means that franchisees can't be held to have forfeited their right to claim they relied on information provided by the franchisor, which could be important in legal disputes. The inclusion of these provisions in addenda for specific states suggests that Aira Fitness is proactively addressing legal requirements and potential liabilities related to franchise law in those jurisdictions. Prospective franchisees should carefully review these addenda and understand their implications for their rights and obligations.