Can an Aira Fitness franchisee disclaim reliance on behalf of the Franchisor in any statement or acknowledgement?

According to the 2025 Aira Fitness FDD, franchisees are protected from being forced to disclaim reliance on statements made by the franchisor. Specifically, several addenda to the franchise agreement for different states (Illinois, New York, Indiana, and a general statement not tied to a specific state) clarify 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 Aira Fitness or its representatives. This protection is further emphasized by stating that this provision supersedes any other conflicting terms in any document related to the franchise agreement. These stipulations are included in addenda to the franchise agreement, highlighting their importance and legal weight.

For a prospective Aira Fitness franchisee, this means that any attempt by Aira Fitness to include clauses that force the franchisee to waive their right to claim they relied on the franchisor's statements during the franchise sales process would be unenforceable. This is particularly relevant in cases where the franchisee believes they were misled or provided with inaccurate information that influenced their decision to invest in the franchise. The inclusion of these protections in the franchise agreement addenda demonstrates a commitment to fair dealing and transparency on the part of Aira Fitness, at least within the legal frameworks of the specified states.

It is important to note that these protections are specifically mentioned in addenda for Illinois, New York, and Indiana, and in a general statement not tied to a specific state. Franchisees operating in other states should verify whether similar protections exist under their state's franchise laws or if Aira Fitness provides similar addenda for their specific state. While the FDD excerpts suggest a proactive approach to franchisee protection in certain states, prospective franchisees should always seek legal counsel to fully understand their rights and obligations under the franchise agreement and applicable state laws.