Does the Aira Fitness franchise agreement allow the franchisee to make warranties on behalf of the franchisor?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly authorized by this Agreement, neither of us will make any express or implied agreements, warranties, guarantees or representations, or incur any debt, in the name of or on behalf of the other or represent that our relationship is other than that of franchisor and franchisee.
- C.
Indemnification; Tax Liability.
We will not be obligated by, or have any liability under, any agreements, representations or warranties you make that are not expressly authorized under this Agreement, nor will we be obligated for any damages to any person or property directly or indirectly arising out of your construction, development and/or operation of your Aira Fitness Business, whether or not caused by the negligent or willful action or failure to act on the part of you, the Owners, managers, employees or agents.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees are generally prohibited from making agreements, warranties, or representations on behalf of Aira Fitness, unless expressly authorized by the franchise agreement. This restriction is in place to protect Aira Fitness from liabilities arising from unauthorized representations made by franchisees.
Specifically, the franchise agreement states that neither Aira Fitness nor the franchisee can make any express or implied agreements, warranties, guarantees, or representations, or incur any debt, in the name of or on behalf of the other, unless explicitly authorized by the agreement. Furthermore, the agreement clarifies that Aira Fitness will not be obligated by or have any liability under any agreements, representations, or warranties made by the franchisee that are not expressly authorized.
This provision means that an Aira Fitness franchisee must be very careful about what they say or promise to customers. Any promises or guarantees made by the franchisee that go beyond what is expressly authorized by Aira Fitness could expose the franchisee to liability, without Aira Fitness being held responsible. This protects Aira Fitness from potential misrepresentations or over-promising by its franchisees.
For a prospective Aira Fitness franchisee, it is crucial to understand the scope of authorized representations and warranties. Before making any promises to customers, franchisees should verify that those promises are covered by the franchise agreement or have been explicitly approved by Aira Fitness. Failure to do so could result in the franchisee being held solely liable for any resulting damages or claims.