Does the Aira Fitness franchisee waive any right to sue if the Pod is repossessed?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Without notice to Franchisee, repossess the Pod 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 Pod therefrom; Franchisee further agrees on demand, to assemble the Pod 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, a franchisee waives the right to sue if the Pod is repossessed. Specifically, the franchisee waives rights to any suit, action, or other proceeding against Franchisor's Affiliate. The franchisee also waives any damages caused by the repossession.
This waiver is significant because it limits the franchisee's legal recourse if Aira Fitness's affiliate repossesses the Pod. Repossession could occur due to a breach of the lease agreement, potentially leaving the franchisee without a location to operate their Aira Fitness business. The franchisee bears the risk of any damages resulting from the repossession, regardless of the circumstances.
Such waivers are not uncommon in franchise agreements, particularly in situations involving leased equipment. However, prospective Aira Fitness franchisees should carefully consider the implications of this waiver and seek legal counsel to fully understand their rights and obligations under the lease agreement. They should also assess the potential risks associated with leasing the Pod and the circumstances under which repossession might occur.