Can an Aira Fitness franchisee engage in any conduct that would harm the goodwill associated with the Aira Fitness Marks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
; (6) apartment or condominium complex; and (7) corporate office buildings or office parks.
3. TRADEMARK STANDARDS AND REQUIREMENTS
- A. Ownership of the Marks. The Marks are our valuable property, and we are the owner of all right, title and interest in and to the Marks and all past, present or future goodwill of the Aira Fitness Business and of the business conducted at the Authorized Location that is associated with or attributable to the Marks. Your use of the Marks will inure to our benefit. You may not, during or after the term of this Agreement, engage in any conduct directly or indirectly that would infringe upon, harm or contest our rights in any of the Marks or the goodwill associated with the Marks, including any use of the Marks in a derogatory, negative, or other inappropriate manner in any media, including but not limited to print or electronic media.
- B. Use of the Marks. You may not use, or permit the use of, any trademarks, trade names or service marks in connection with the Aira Fitness Business except those listed in Attachment A or except as we otherwise direct in writing. You may use the Marks only in connection with such services and products as we specify and only in the form and manner we prescribe in writing. You must comply with all trademark, trade name and service mark notice marking requirements.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are prohibited from engaging in any conduct that could harm the goodwill associated with the Aira Fitness marks. Aira Fitness retains ownership of all rights, titles, and interests in its marks, including the goodwill associated with the Aira Fitness business. Franchisees' use of the marks must benefit Aira Fitness.
The franchise agreement explicitly states that franchisees cannot engage in any direct or indirect conduct that would infringe upon, harm, or contest Aira Fitness's rights in any of the marks or the associated goodwill. This includes using the marks in a derogatory, negative, or otherwise inappropriate manner in any media, whether print or electronic. Franchisees are also restricted from using any trademarks, trade names, or service marks in connection with their Aira Fitness business, except for those listed in Attachment A of the agreement or as directed in writing by Aira Fitness.
Furthermore, franchisees must adhere to specific standards and requirements when using the marks, including complying with all trademark, trade name, and service mark notice marking requirements. They can only use the marks in association with services and products approved by Aira Fitness that meet the franchisor's standards for quality, safety, and performance. These stipulations ensure that franchisees do not misuse the Aira Fitness marks in a way that could damage the brand's reputation or create confusion among consumers.
After the termination of the franchise agreement, all rights to use the marks revert to Aira Fitness, and the franchisee must immediately cease all use and display of the marks and proprietary materials. They must also remove or obliterate all Aira Fitness business signage and materials bearing the marks to differentiate the business from licensed Aira Fitness locations. Failure to comply with these post-term obligations could result in Aira Fitness taking action to protect its marks and goodwill.