In the event of a conflict of laws, which law prevails for Aira Fitness franchises?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
The Wisconsin Fair Dealership Law, Chapter 135 of the Wisconsin Statutes supersedes any provisions of the Franchise Contract or Agreement if such provisions are in conflict with that law.
AIRA FITNESS FRANCHISING LLC ADDENDUM TO THE FRANCHISE AGREEMENT FOR THE STATE OF INDIANA
This Addendum is to Franchise Agreement date LLC and(Fra ed, 20between Aira Fitness Franchising nchisee) to amend said Agreement as follows: Chapter 2.5, Sections 1 through 51 of the Indiana Code, ise Agreement if such provisions are in conflict with that connection with the commencement of waiving any claims under any applicable owledgement signed or agreed to by a franchisee in f the franchise relationship shall have the effect of: (i) the state franchise law, including fraud in the inducement, of the Franchisor. This provision supersedes any other nection with the franchise.
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- Paragraph 12.6 of the Multi-Unit Development Agreement on Governing Law/Consent to Jurisdiction shall be amended by the addition of the following language to the original language that appears therein:
- "The foregoing choice of law shall not be considered a waiver of any right conferred upon the Franchisee by the provisions of Article 33 of the General Business Law of the State of New York."
In recognition of the restrictions contained in Section 13.1-564 of the Virginia Retail Franchising Act, the Franchise Disclosure Document for Aira Fitness Franchising, LLC for use in the Commonwealth of Virginia shall be amended as follows:
Under Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any grounds for default or termination stated in the franchise agreement does not constitute "reasonable cause, "as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable."
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.
"The execution of a general release upon renewal, assignment or termination shall be inapplicable to franchises operating under the North Dakota Franchise Investment Law."
"Covenants not to compete such as those mentioned above are generally unenforceable in the State of North Dakota."
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 Aira Fitness Franchise Disclosure Document, the specific laws that supersede the franchise agreement depend on the state in which the franchisee is operating. For franchisees in Wisconsin, the Wisconsin Fair Dealership Law, Chapter 135 of the Wisconsin Statutes, takes precedence over any conflicting provisions in the Franchise Contract or Agreement.
For franchisees in Indiana, Chapter 2.5, Sections 1 through 51 of the Indiana Code supersedes any conflicting provisions. Similarly, for franchisees in New York, the choice of law in the agreement does not waive any rights conferred by Article 33 of the General Business Law of the State of New York.
In Virginia, the Virginia Retail Franchising Act restricts the franchisor's ability to cancel a franchise without reasonable cause, and any conflicting terms in the franchise agreement may not be enforceable. For franchisees in Illinois, the Illinois Franchise Disclosure Act states that any condition that waives compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void. Finally, in North Dakota, the execution of a general release upon renewal, assignment, or termination is inapplicable to franchises operating under the North Dakota Franchise Investment Law, and covenants not to compete are generally unenforceable.