What is the effect of the Washington Addendum on the Aira Fitness Franchise Disclosure Document?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
XHIBIT J
STATE SPECIFIC ADDENDA TO FDD
Some administrators of franchise registration states may require us to include an addendum to the Aira Fitness Franchise Disclosure Document describing certain state laws or regulations which may supersede the Franchise Disclosure Document. If you are in a registration state which requires an addendum to the Franchise Disclosure Document, it will follow this page.
AIRA FITNESS FRANCHISING, LLC ADDENDUM TO THE DISCLOSURE DOCUMENT FOR THE STATE OF HAWAII
The Aira Fitness Franchising, LLC Disclosure Document for use in the State of Hawaii is modified in accordance with the following:
- For Hawaii franchisees, the conditions under which the franchise can be terminated and rights upon nonrenewal may be affected by Hawaii Revised Statutes, Section 482E-6.
AIRA FITNESS FRANCHISING LLC ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF ILLINOIS
Payment of Initial Franchise/Development Fees will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to Franchisor's financial condition.
Illinois law governs the Franchise Agreement and Multi-Unit Development Agreement. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
No statement, questionnaire, or acknowledgment 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
By reading this disclosure document, you are not agreeing to, acknowledging, or making any representations whatsoever to the Franchisor and its affiliates.
ADDENDUM TO THE AIRA FITNESS FRANCHISE AGREEMENT FOR THE STATE OF ILLINOIS
-
- Payment of Initial Franchise/Development Fees will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to Franchisor's financial condition.
-
- Illinois law governs the Franchise Agreement and Multi-Unit Development Agreement. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
-
- Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
-
- In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
-
- No statement, questionnaire, or acknowledgment 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
-
- Section 9.A of the Franchise Agreement on "Initial Franchise Fee" is amended by the addition of the following:
The Office of the Illinois Attorney General requires Franchisor to defer all initial franchise fees until such time as the Franchisor has completed all initial obligations owed to the Franchisee under the Franchise Agreement and the Franchisee has commenced doing business. This deferral of the initial franchise fees is required based on the Franchisor's financial condition.
Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to be bound by all of its terms.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, some franchise registration states require Aira Fitness to include an addendum that describes state laws or regulations that may supersede the standard Franchise Disclosure Document. However, the provided excerpts do not include a specific addendum for the state of Washington.
Instead, the excerpts include addenda for Hawaii, Illinois, Virginia, New York, and Rhode Island. For example, the Hawaii addendum notes that termination and nonrenewal rights for Hawaii franchisees may be affected by Hawaii Revised Statutes. The Illinois addendum defers payment of initial fees until Aira Fitness meets its obligations and the franchisee commences business, and it also stipulates that Illinois law governs the agreements, with specific clauses addressing jurisdiction, venue, termination, and non-renewal rights as per the Illinois Franchise Disclosure Act.
Similarly, the Virginia addendum defers initial fee payments until Aira Fitness completes its pre-opening obligations and states that franchise cancellation must be for reasonable cause, as defined by the Virginia Retail Franchising Act. The New York addendum includes information about comparing franchisors and directs prospective franchisees to state administrators and public libraries for information, while also advising them to contact the Federal Trade Commission and the New York State Department of Law if they find any untrue information in the FDD. The Rhode Island addendum specifies that any franchise agreement provision restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of other states' laws is void under the Rhode Island Franchise Investment Act.
Because there is no Washington addendum included in the provided excerpts, a potential Aira Fitness franchisee in Washington should ask the franchisor directly about any state-specific regulations or addenda that may apply to their franchise agreement. This is crucial to ensure full compliance and understanding of their rights and obligations under Washington state law.