Does the Aira Fitness franchisee acknowledge that the Franchisor's Affiliate is not the equipment manufacturer?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
4. No Warranties; Consequential Damages Excluded.
(a) Disclaimer of Warranties. Franchisee acknowledges that: Franchisor's Affiliate is not the manufacturer of the Equipment nor the manufacturer's agent or representative nor a dealer therein; the Equipment is of a size, design, capacity, description and manufacture selected by the Franchisee; Franchisee is satisfied that the Equipment is suitable and fit for its purposes; and FRANCHISOR'S AFFILIATE HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE EQUIPMENT, ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF THE MATERIALS IN THE EQUIPMENT OR WORKMANSHIP IN THE EQUIPMENT, FRANCHISOR'S AFFILIATE'S TITLE TO THE EQUIPMENT, NOR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER; Franchisor's Affiliate shall not be liable to Franchisee for any loss, damage, or expense of any kind or nature caused, directly or indirectly, by the Equipment or the use or maintenance thereof or the failure or operation thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repairs, service or adjustment, or by any interruption of service or loss of use thereof or for any loss of business howsoever caused.
Franchisor's Affiliate shall not be liable for any consequential damages as that term is used in U.C.C.
Article 2A.
No defect or unfitness of the Equipment shall relieve Franchisee of the obligation to pay any installment of rent or any other obligation under this Lease.
Franchisor's Affiliate shall have no obligation under this Lease in respect of the Equipment and shall have no obligation to ship, deliver, assemble, install, erect, test, adjust or service the Equipment.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the franchisee acknowledges that Franchisor's Affiliate is not the equipment manufacturer. The franchisee also acknowledges that the equipment's size, design, capacity, description, and manufacture were selected by the franchisee. Furthermore, the franchisee must be satisfied that the equipment is suitable and fit for its intended purposes.
This acknowledgement means that Aira Fitness franchisees cannot hold Franchisor's Affiliate liable as the manufacturer of the equipment. Any issues regarding the equipment's fitness, condition, merchantability, design, or operation are not the responsibility of Franchisor's Affiliate. The franchisee bears the responsibility of selecting appropriate equipment and ensuring it meets their needs.
Additionally, Franchisor's Affiliate disclaims all warranties, express or implied, regarding the equipment. The affiliate will not be liable for any loss, damage, or expense caused directly or indirectly by the equipment, its use, maintenance, failure, or operation. This includes any interruptions of service or loss of use. The franchisee also acknowledges that Franchisor's Affiliate has no obligation to ship, deliver, assemble, install, erect, test, adjust, or service the equipment.
This arrangement places the onus on the Aira Fitness franchisee to carefully evaluate and select equipment, as well as manage any issues that may arise with its use. It is common in franchising for the franchisor or its affiliates to supply equipment, but this clause makes it clear that Aira Fitness franchisees must take responsibility for their equipment choices and maintenance.