What is an Aira Fitness franchisee required to do if there is any infringement of the marks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If there is any infringement of, or challenge to, your use of the Marks, you must immediately notify us, and we will take action that we deem appropriate. We have the right to control all administrative proceedings and litigation involving the Marks. The Franchise Agreement does not require us to take affirmative action if notified of the claim. The Franchise Agreement also does not require us to participate in your defense or to indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding based on your use of the Marks, or if the proceeding is resolved unfavorably to you. If we determine that a trademark infringement action requires changes or substitutions to the Marks, you must make the changes or substitutions at your own expense.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, if there is any infringement of, or challenge to, the use of the Aira Fitness marks, a franchisee must immediately notify Aira Fitness. Aira Fitness will then take action that it deems appropriate. Aira Fitness retains the right to control all administrative proceedings and litigation involving the marks.
However, the Franchise Agreement does not require Aira Fitness to take affirmative action if notified of a claim, nor does it require Aira Fitness to participate in the franchisee's defense or indemnify them for expenses or damages if the franchisee is party to an administrative or judicial proceeding based on their use of the marks, or if the proceeding is resolved unfavorably to the franchisee.
Furthermore, if Aira Fitness determines that a trademark infringement action requires changes or substitutions to the marks, the franchisee must make these changes or substitutions at their own expense. This means that while Aira Fitness controls the legal strategy, the franchisee bears the financial risk of defending against infringement claims and implementing any required changes to branding. This is a significant risk for franchisees, as trademark disputes can be costly and time-consuming.