factual

Can the Aira Fitness franchisee recover damages from Aira Fitness's Affiliate for breaches of warranty under the UCC?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

522 of the UCC, including but not limited to Franchisee's rights to: (i) cancel this Lease; (ii) repudiate this Lease; (iii) reject the Equipment; (iv) revoke acceptance of the Equipment; (v) recover damages from Franchisor's Affiliate for any breaches of warranty or for any other reason; (vi) a security interest in the Equipment in Franchisee's possession or control for any reason; (vii) deduct all or any part of any claimed damages resulting from Franchisor's Affiliate's default, if any, under this Lease; (viii) accept partial delivery of the Equipment; (ix) "cover" by making any purchase, or lease of, or contract to purchase or lease Equipment in substitution for those due from Franchisor's Affiliate; (x) recover any general, special, incidental or consequential damages, for any reason whatsoever; and (xi) specific performance, replevin, detinue, sequestration, claim and delivery or the like for any Equipment identified to this Lease. To the extent permitted by applicable law, Franchisee also hereby waives any rights now or hereafter conferred by statute or otherwise, which may require Franchisor's Affiliate to sell, lease or otherwise use any Equipment in mitigation of Franchisor's Affiliate's damages as set forth in Section 12 or which may otherwise limit or modify any of Franchisor's Affiliate's rights or remedies under Section 12 Any claim or action for breach of warranty shall be commenced within one (1) year after any such cause of action accrues.

Source: Item 23 — **RECEIPTS (FDD pages 59–254)

What This Means (2025 FDD)

According to Aira Fitness's 2025 Franchise Disclosure Document, a franchisee may have the right to recover damages from Aira Fitness's affiliate for breaches of warranty. Specifically, the FDD outlines that the franchisee retains rights under Section 522 of the UCC.

These rights include the ability to recover damages from Aira Fitness's affiliate for any breaches of warranty or for any other reason. The franchisee also has rights to accept partial delivery of equipment, make a purchase or lease of equipment in substitution for those due from Aira Fitness's affiliate, and recover any general, special, incidental, or consequential damages for any reason whatsoever.

However, any claim or action for breach of warranty must be commenced within one year after the cause of action accrues. The franchisee also waives any rights that may require Aira Fitness's affiliate to sell, lease, or otherwise use any equipment in mitigation of damages or which may otherwise limit or modify any of Aira Fitness's affiliate's rights or remedies.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.