Where in the Aira Fitness FDD can I find information regarding the standards and requirements for Aira Fitness trademarks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
or university campuses; (5) hotels, resorts or similar short-term lodging; (6) apartment or condominium complex; and (7) corporate office buildings or office parks.
3. TRADEMARK STANDARDS AND REQUIREMENTS
- A. Ownership of the Marks. The Marks are our valuable property, and we are the owner of all right, title and interest in and to the Marks and all past, present or future goodwill of the Aira Fitness Business and of the business conducted at the Authorized Location that is associated with or attributable to the Marks. Your use of the Marks will inure to our benefit. You may not, during or after the term of this Agreement, engage in any conduct directly or indirectly that would infringe upon, harm or contest our rights in any of the Marks or the goodwill associated with the Marks, including any use of the Marks in a derogatory, negative, or other inappropriate manner in any media, including but not limited to print or electronic media.
- B. Use of the Marks. You may not use, or permit the use of, any trademarks, trade names or service marks in connection with the Aira Fitness Business except those listed in Attachment A or except as we otherwise direct in writing. You may use the Marks only in connection with such services and products as we specify and only in the form and manner we prescribe in writing. You must comply with all trademark, trade name and service mark notice marking requirements. You may use the Marks only in association with services and products approved by us and that meet our standards or requirements with respect to quality, safety and performance. You must refrain, and cause each Covered Person (as defined in Section 10.D.1) and each of your employees and independent contractors to refrain from making or publishing any remarks that disparage or derogate us or the AIRA FITNESS brand. This prohibition applies to oral remarks and remarks that are published in print, electronic, and social media. Your use of the Marks on the internet is governed by Section 6.L below. A breach of your obligations under this Section 3.B is a material default under this Agreement.
- C. Aira Fitness Business Identification. You must use the name "AIRA FITNESS" as the trade name of the Aira Fitness Business and you may not use any other mark or words to identify the Aira Fitness Business without our prior written consent. You may not use the words "AIRA" or "AIRA FITNESS" or any of the other Marks as part of the name of your corporation, partnership, limited liability company or other similar entity. You may use the Marks on various materials, such as business cards, stationery and checks, provided you (i) accurately depict the Marks on the materials, (ii) include a statement on the materials indicating that the business is independently owned and operated by you, (iii) do not use the Marks in connection with any other trademarks, trade names or service marks unless we specifically approve in writing prior to such use, and (iv) make available to us, upon our request, a copy of any materials depicting the Marks.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Section 3 outlines the trademark standards and requirements for franchisees. This section covers several key aspects of trademark use, including ownership, usage guidelines, and identification protocols.
Specifically, subsection A of Section 3 clearly states that Aira Fitness owns all rights, titles, and interests in its marks, emphasizing that any use of these marks by a franchisee benefits Aira Fitness. It also prohibits franchisees from engaging in any conduct that could infringe upon or harm Aira Fitness's trademark rights. Subsection B further details how franchisees can use the marks, specifying that they may only use the trademarks listed in Attachment A or as directed in writing by Aira Fitness. Franchisees must also adhere to all trademark notice requirements and use the marks only in association with approved services and products that meet Aira Fitness's standards.
Subsection C focuses on Aira Fitness Business identification, requiring franchisees to use "AIRA FITNESS" as the trade name and prohibiting the use of the Aira Fitness trademarks as part of the franchisee's business entity name. It also allows franchisees to use the marks on materials like business cards, provided they accurately depict the marks, include a statement of independent ownership, and do not use the marks in conjunction with other trademarks without prior written approval. This section also mandates franchisees to post a sign identifying themselves as an Aira Fitness franchisee, acknowledging Aira Fitness's ownership of the marks and the franchisee's licensed use. This comprehensive approach ensures brand consistency and protects Aira Fitness's trademark rights while guiding franchisees on proper usage.