Can an Aira Fitness franchisee waive claims under state franchise law or disclaim reliance on the Franchisor through signed documents?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, addenda for several states clarify the franchisee's rights regarding waivers and disclaimers. For franchisees in Illinois, New York, and Indiana, no statement, questionnaire, or acknowledgment signed by the franchisee in connection with the commencement of the franchise relationship can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on any statement made by Aira Fitness. This provision supersedes any other term of any document executed in connection with the franchise.
For New York franchisees, the addendum specifies that the choice of law in the Multi-Unit Development Agreement shall not be considered a waiver of any right conferred upon the franchisee by the provisions of Article 33 of the General Business Law of the State of New York. Additionally, all rights enjoyed by the franchisee and any causes of action arising in its favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force, satisfying the non-waiver provisions of GBL Section 687.4 and 687.5.
For Rhode Island franchisees, the addendum states that any provision in a franchise agreement restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under the Rhode Island Franchise Investment Act, according to Section 19-28.1-14 of the Rhode Island Franchise Investment Act.
For Virginia franchisees, the FDD is amended to comply with Section 13.1-564 of the Virginia Retail Franchising Act, which makes it unlawful for a franchisor to cancel a franchise without reasonable cause. If any grounds for default or termination stated in the franchise agreement do not constitute "reasonable cause" as defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable. These addenda collectively reinforce that Aira Fitness franchisees in these states retain their rights under state franchise laws and cannot be compelled to waive those rights through signed documents.