Does the Aira Fitness franchise agreement allow for waivers of claims under state franchise law or disclaimers of reliance on behalf of the franchisor?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the franchise agreement includes addenda that address waivers of claims under state franchise law and disclaimers of reliance. Specifically, for franchisees in Illinois, Indiana, and New York, the addenda explicitly state that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor. This provision supersedes any other conflicting terms in any document related to the franchise agreement.
For prospective Aira Fitness franchisees, this means that the franchise agreement is designed to protect their rights under state franchise laws. Regardless of any agreements or acknowledgments signed during the commencement of the franchise relationship, franchisees retain the right to pursue claims, including those related to fraud, and can rely on statements made by the franchisor. This protection is particularly important in states like Illinois, Indiana, and New York, where specific addenda reinforce these rights.
The inclusion of these non-waiver provisions reflects a commitment to compliance with state franchise laws and aims to provide a level of assurance to franchisees that their legal rights are protected. This is a beneficial aspect for potential franchisees as it reduces the risk of unknowingly relinquishing important legal protections during the initial stages of the franchise agreement. These stipulations are designed to prevent Aira Fitness from using contractual language to circumvent state laws intended to protect franchisees.
It is important for prospective franchisees to carefully review the specific addenda applicable to their state and understand the protections afforded to them. While the FDD includes these specific protections for franchisees in Illinois, Indiana, and New York, prospective franchisees in other states should consult with a legal professional to understand the full scope of their rights and protections under the franchise agreement and applicable state laws.