Does the Aira Fitness Franchise Agreement disclaim any representations made in the Franchise Disclosure Document?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
e Act or any other law of Illinois is void.
No statement, questionnaire, or acknowledgment 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
By reading this disclosure document, you are not agreeing to, acknowledging, or making any representations whatsoever to the Franchisor and its affiliates.
ADDENDUM TO THE AIRA FITNESS FRANCHISE AGREEMENT FOR THE STATE OF ILLINOIS
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- Payment of Initial Franchise/Development Fees will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to Franchisor's financial condition.
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- Illinois law governs the Franchise Agreement and Multi-Unit Development Agreement. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
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- Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
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- In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
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- No statement, questionnaire, or acknowledgment 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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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 provisions that address reliance on statements made by the franchisor. Specifically, for franchisees in Illinois and New York, the agreement stipulates that no statement, questionnaire, or acknowledgment signed by a franchisee can disclaim reliance on statements made by Aira Fitness or its representatives. This means that franchisees in these states retain their rights to claim they relied on information provided by Aira Fitness, even if other documents suggest otherwise.
This protection is significant because it prevents Aira Fitness from using standard contract language to avoid responsibility for representations made during the franchise sales process. For a prospective franchisee, this offers some assurance that if the franchisor makes claims about potential earnings or market conditions, the franchisee can hold them accountable. This does not mean that all claims will be automatically upheld, but it does provide a legal basis for arguing that the franchisee relied on the franchisor's representations when deciding to invest in the franchise.
However, it's important to note that these specific protections apply primarily to franchisees in Illinois and New York due to state-specific addenda. While the core franchise agreement may contain similar language, the addenda reinforce these rights within those states. Franchisees in other states should carefully review their franchise agreements and any state-specific addenda to understand the extent to which they can rely on statements made by Aira Fitness during the franchise sales process. It is also important to remember that simply reading the disclosure document does not create any agreement or representation between the reader and Aira Fitness.