What is the exclusive venue for disputes involving Aira Fitness and its developers?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that we may institute any action against your arising out of or relating to this Agreement, which is not required to be arbitrated under this Agreement or as to which arbitration has been waived by the parties, in any state or federal court of jurisdiction located in the State of Illinois and Franchisee irrevocably submits to the exclusive jurisdiction or venue of such courts.
- D.
Attorneys' Fees.
The prevailing party in any action or proceeding arising under, out of, in connection with, or in relation to this Agreement or other dispute between the parties, any lease or sublease for the Aira Fitness Business or Authorized Location, or the business will be entitled to recover its reasonable attorneys' fees and costs.
If any party initiates litigation in violation of this arbitration provision and the other party successfully moves to compel arbitration, the party moving to compel arbitration will be entitled to reimbursement of its attorneys' fees and costs incurred in connection with defending the litigation and compelling arbitration.
- E. **Jury Waiver.
All parties hereby waive any and all rights to a trial by jury in connection with the enforcement or interpretation by judicial process of any provision of this Agreement, and in connection with allegations of state or federal statutory violations, fraud, misrepresentation or similar causes of action or any**
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, any legal action against the franchisee arising from the Franchise Agreement that is not subject to arbitration or has had arbitration waived, must be initiated in a state or federal court within the State of Illinois. The franchisee consents to the exclusive jurisdiction and venue of these courts. This means that Aira Fitness franchisees may be required to litigate certain disputes in Illinois, regardless of where their franchise is located.
This requirement could increase costs for franchisees who do not reside in Illinois, as they may need to travel and hire local counsel in Illinois for any litigation. It is important to note that this clause applies only to actions not subject to arbitration, as the FDD also outlines a separate arbitration process for certain types of disputes.
Furthermore, the FDD specifies that the internal laws of the State of Illinois govern the agreement and franchise, except for its choice of law and conflict of law rules. However, the provisions of any franchise law of such state shall not apply unless the jurisdictional requirements of said law have been met independently of this provision. This means that while Illinois law generally applies, specific franchise laws may not be applicable unless certain jurisdictional requirements are met separately.