Does the franchisee waive any damages caused by the repossession of equipment by Aira Fitness's Franchisor's Affiliate?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Without notice to Franchisee, repossess the Equipment wherever found, with or without legal process, and for this purpose Franchisor's Affiliate and/or its agents may enter upon any premises of or under the control or jurisdiction of Franchisee or any agent of Franchisee, without liability for suit, action or other proceeding by Franchisee (any damages occasioned by such repossession being hereby expressly waived by Franchisee) and remove the Equipment therefrom; Franchisee further agrees on demand, to assemble the Equipment and make it available to Franchisor's Affiliate at a place to be designated by Franchisor's Affiliate which is reasonably convenient to Franchisor's Affiliate;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the franchisee expressly waives any damages caused by the repossession of equipment by Aira Fitness's Franchisor's Affiliate. Specifically, if Aira Fitness's Affiliate needs to repossess equipment due to a franchisee's default, the franchisee agrees to allow the affiliate to enter the premises to repossess the equipment without any liability for suits or actions.
This waiver means that if the Franchisor's Affiliate repossesses equipment, even if damages occur during the repossession process, the franchisee cannot sue for damages. This could include damage to the franchisee's property or any other losses incurred during the repossession. The franchisee also agrees to assemble the equipment and make it available to Aira Fitness's Affiliate at a reasonably convenient location if demanded.
This is a significant point for potential Aira Fitness franchisees to consider. It places the risk of any damages during repossession solely on the franchisee. Franchisees should carefully evaluate their ability to meet their financial obligations to avoid default and repossession, as well as understand the potential financial implications of this waiver.