Can an Aira Fitness franchisee waive claims under state franchise law or disclaim reliance on statements made by the franchisor through questionnaires or acknowledgments?

According to the 2025 Aira Fitness Franchise Disclosure Document, a franchisee cannot waive claims under state franchise law or disclaim reliance on statements made by the franchisor through questionnaires or acknowledgments. This protection is explicitly stated in addenda to the franchise agreement for several states, including Illinois, New York, and Indiana. These addenda clarify that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including claims related to fraud in the inducement. Additionally, franchisees cannot disclaim reliance on statements made by Aira Fitness, its sellers, or representatives. This provision overrides any other conflicting terms in the franchise agreement. These stipulations are included to ensure compliance with state franchise laws, such as the Illinois Franchise Disclosure Act and Article 33 of the General Business Law of the State of New York, which aim to protect franchisees.

For prospective Aira Fitness franchisees, this means that any attempt by the franchisor to have them waive their rights under state franchise law or disclaim reliance on the franchisor's statements is unenforceable. This protection extends to claims of fraud in the inducement, which are claims that the franchisee was misled into entering the franchise agreement. The inclusion of these non-waiver provisions in the franchise agreement addenda for specific states highlights the importance of adhering to state-specific franchise regulations.

The FDD includes addenda for several states that reinforce these protections, indicating a proactive approach by Aira Fitness to comply with varying state laws. For example, the addendum for New York specifically references Article 33 of the General Business Law, ensuring that franchisees retain all rights and causes of action arising from these provisions. Similarly, the addendum for Illinois references sections of the Illinois Franchise Disclosure Act, further solidifying the franchisee's protections.

These provisions are beneficial for potential Aira Fitness franchisees as they provide assurance that their legal rights and ability to pursue claims against the franchisor are protected, regardless of any statements or acknowledgments they may sign during the franchise commencement. This ensures a fairer and more transparent franchise relationship, aligning with the regulatory intent to safeguard franchisees from potentially overreaching franchisor practices.