Does the Aira Fitness franchisee retain any rights in the marks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Your use of the Marks and any goodwill is to our and our affiliate's exclusive benefit and you retain no rights in the Marks. You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks including the adoption of new Marks, new program offerings, new equipment or new techniques and you must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. You must comply, at your cost, within a reasonable time if we notify you to discontinue or modify your use of any Mark. We will have no liability or obligation as to your modification or discontinuance of any Mark.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees do not retain any rights to the Aira Fitness marks. The FDD states that the franchisee's use of the marks and any associated goodwill benefit Aira Fitness exclusively. Franchisees are explicitly prohibited from making any changes or substitutions to the marks unless directed to do so in writing by Aira Fitness.
Aira Fitness retains the right to change the system identified by the marks, including adopting new marks, program offerings, equipment, or techniques. Franchisees are obligated to adopt these changes as if they were part of the original Franchise Agreement. If Aira Fitness notifies a franchisee to discontinue or modify the use of any mark, the franchisee must comply at their own cost within a reasonable timeframe, and Aira Fitness assumes no liability for these modifications or discontinuations.
This arrangement is typical in franchising, where the franchisor maintains strict control over its brand identity to ensure consistency and quality across all franchise locations. The franchisee's investment in promoting the Aira Fitness brand ultimately benefits the franchisor, as the franchisee does not gain any ownership or rights to the trademarks themselves. Prospective franchisees should be aware that they are essentially renting the brand and must adhere to Aira Fitness's guidelines regarding its use.