Can an Aira Fitness franchisee make agreements or warranties on behalf of the franchisor, except as expressly authorized by the franchise agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly authorized by this Agreement, neither of us will make any express or implied agreements, warranties, guarantees or representations, or incur any debt, in the name of or on behalf of the other or represent that our relationship is other than that of franchisor and franchisee.
We will not be obligated by, or have any liability under, any agreements, representations or warranties you make that are not expressly authorized under this Agreement, nor will we be obligated for any damages to any person or property directly or indirectly arising out of your construction, development and/or operation of your Aira Fitness Business, whether or not caused by the negligent or willful action or failure to act on the part of you, the Owners, managers, employees or agents.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are restricted from making any agreements, warranties, or representations on behalf of Aira Fitness, unless explicitly authorized by the franchise agreement. This restriction ensures that Aira Fitness maintains control over its brand and reputation, preventing franchisees from creating liabilities or obligations that Aira Fitness has not approved.
This provision protects Aira Fitness from unauthorized commitments made by franchisees. It also clarifies that the relationship between Aira Fitness and its franchisees is that of franchisor and franchisee, and not a partnership or agency relationship. This distinction is important for legal and liability purposes.
Furthermore, Aira Fitness will not be obligated by any agreements, representations, or warranties made by the franchisee that are not expressly authorized in the franchise agreement. Additionally, Aira Fitness is not liable for damages arising from the franchisee's operation of the Aira Fitness Business. Franchisees must be aware of these limitations and ensure they do not act beyond the scope of their authorized powers to avoid potential legal issues and liabilities.