Can an Aira Fitness franchisee disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on the franchisor's behalf through any document executed in connection with the franchise?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
| 9. | No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with |
|---|---|
| the con | nmencement of the franchise relationship shall have the effect of (i) waiving any claims under any |
| applicat | ble state franchise law, including fraud in the inducement, or (ii) disclaiming any reliance on any statement |
| made by | y any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision |
| supersec | des 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 Aira Fitness's 2025 Franchise Disclosure Document, a franchisee cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on the franchisor's behalf. This protection is in place to prevent franchisees from unknowingly waiving their rights to pursue claims based on misrepresentations made during the franchise sales process. This applies to any document executed in connection with the franchise agreement. This protection is highlighted in addenda for franchisees in Illinois, New York, and Virginia.
This provision ensures that franchisees retain their ability to bring claims of fraud in the inducement under applicable state franchise laws. It means that any statement, questionnaire, or acknowledgment signed by the franchisee at the start of the franchise relationship cannot be used to argue that the franchisee did not rely on the franchisor's representations. This is particularly relevant in states with franchise-specific laws designed to protect franchisees.
The FDD specifies that this provision supersedes any other conflicting terms in any document related to the franchise. This reinforces the importance of the protection and clarifies that it takes precedence over any other clauses that might suggest otherwise. This protection is especially important for prospective franchisees as it ensures they are not bound by disclaimers that could limit their legal recourse in case of misrepresentation or fraud.
Prospective Aira Fitness franchisees should carefully review the franchise agreement and any addenda to fully understand their rights and protections under state franchise laws. This provision offers a degree of security, ensuring that franchisees' claims based on reliance on franchisor statements are not easily dismissed.