Does the Aira Fitness franchise agreement allow for implied warranties?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
tgage, check, purchase agreement, negotiable instrument, application for any license or permit, or any other legal obligation, or in any manner that may result in liability to us for any indebtedness or obligation of yours. 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 warranties unless expressly authorized. Specifically, neither Aira Fitness nor the franchisee can make any implied agreements, warranties, guarantees, or representations on behalf of the other party, except when expressly authorized by the agreement. This reinforces that the relationship between Aira Fitness and its franchisees is strictly that of franchisor and franchisee, limiting potential liabilities.
This provision protects Aira Fitness from being held liable for any unauthorized agreements, representations, or warranties made by the franchisee. It also works in reverse, protecting the franchisee from unauthorized commitments made by Aira Fitness. This is a common practice in franchising to clearly define the scope of authority and responsibility for each party.
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 obligated for any damages arising from the franchisee's construction, development, or operation of their Aira Fitness Business, even if caused by negligence or willful actions of the franchisee, their owners, managers, employees, or agents. This underscores the franchisee's responsibility for their business's operations and any liabilities arising from it.
Finally, Aira Fitness bears no liability for any taxes levied on the franchisee, the Aira Fitness Business, or its assets, or on Aira Fitness itself in connection with the franchisee's business. This includes sales, use, excise, income, gross receipts, property, or other taxes, except for Aira Fitness's own income taxes. This provision clarifies the financial responsibilities of each party concerning tax obligations.