Does the Aira Fitness franchise agreement allow for implied representations or warranties?
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, the franchise agreement does not allow for implied representations or warranties by either the franchisor or the franchisee, except as expressly authorized by the agreement. This means that neither Aira Fitness nor the franchisee can make any agreements, warranties, guarantees, or representations, whether express or implied, on behalf of the other party unless specifically permitted in the franchise agreement.
This provision protects Aira Fitness from being held liable for any unauthorized representations or warranties made by the franchisee. Similarly, it protects the franchisee from any unauthorized representations or warranties made by Aira Fitness. This is a fairly standard clause in franchise agreements, designed to clearly define the relationship between the franchisor and franchisee and limit potential liabilities.
Furthermore, Aira Fitness will not be obligated by, or have any liability under, any agreements, representations, or warranties the franchisee makes that are not expressly authorized under the agreement. Aira Fitness is also not responsible for any damages arising from the franchisee's construction, development, or operation of the Aira Fitness Business. This includes damages caused by negligence or willful actions of the franchisee, their owners, managers, employees, or agents. This reinforces the limited liability of Aira Fitness for the franchisee's actions and operations.