Does the Aira Fitness franchise agreement authorize franchisees to make any contract, agreement, warranty, or representation on behalf of the franchisor?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree not use any Mark in signing any contract, lease, mortgage, 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.
We will have no liability for any sales, use, excise, income, gross receipts, property or other taxes, whether levied against you, the Aira Fitness Business or your assets, or on us, in connection with the business you conduct, or on any payments you make to us pursuant to this Agreement or any franchise agreement, including but not limited to royalty fees (except for our own income taxes).
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, except as expressly authorized in the franchise agreement. Specifically, franchisees cannot use Aira Fitness's trademarks in any way that creates liability for the franchisor, such as signing contracts or legal obligations.
This restriction ensures that Aira Fitness maintains control over its brand and is not held liable for unauthorized actions by franchisees. Franchisees must identify themselves as independent owners of their Aira Fitness Business in all dealings with customers, employees, and suppliers. This includes displaying notices of independent ownership on signs, forms, business cards, and other materials as required by Aira Fitness.
Aira Fitness will not be obligated by any agreements, representations, or warranties made by the franchisee that are not expressly authorized in the agreement. Additionally, Aira Fitness is not liable for damages arising from the franchisee's operation of the Aira Fitness Business, regardless of negligence, nor for the franchisee's tax liabilities.
These stipulations are typical in franchise agreements to protect the franchisor from liabilities and ensure consistent brand representation across all franchise locations. Prospective Aira Fitness franchisees should carefully review the scope of authorized actions within the franchise agreement to avoid potential breaches and ensure compliance with these restrictions.