Can an Aira Fitness franchisee waive claims under state franchise law?

According to the 2025 Aira Fitness Franchise Disclosure Document, the ability of a franchisee to waive claims under state franchise law is restricted, particularly in Illinois, Indiana, and New York. For Illinois, the FDD states that any provision requiring a franchisee to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. Furthermore, no document signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Aira Fitness. This protection is highlighted in an addendum to the Aira Fitness Franchise Agreement for the state of Illinois.

Similarly, for franchisees in New York and Indiana, the FDD includes addenda to the franchise agreement stating that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including claims of fraud. These provisions ensure that franchisees in these states retain their rights and protections under state laws, regardless of any agreements or acknowledgments made during the commencement of the franchise relationship. The New York addendum specifically references Article 33 of the General Business Law of the State of New York, ensuring those rights remain in force.

These stipulations are significant for prospective Aira Fitness franchisees as they provide assurance that certain fundamental legal rights cannot be signed away or nullified by contractual terms. This protection is especially crucial in the context of potential disputes or claims arising from the franchise relationship, ensuring that franchisees have recourse to state laws designed to protect their interests. Franchisees should consult with a legal professional to fully understand their rights and protections under the franchise agreement and applicable state laws.