What is the Aira Fitness franchisee's obligation regarding claims related to the Pod?

According to Aira Fitness's 2025 Franchise Disclosure Document, the franchisee acknowledges that Franchisor's Affiliate (Pure Gym Equipment LLC) is not the manufacturer of the Pod, nor the manufacturer's agent or representative, nor a dealer therein. The franchisee also acknowledges that the Pod is of a suitable size, design, and material and fit for the Aira Fitness Business.

This means that Aira Fitness franchisees are responsible for understanding the limitations and suitability of the Pod for their business. They cannot hold Franchisor's Affiliate liable as the manufacturer or representative, and they acknowledge the Pod's appropriateness for their Aira Fitness operations.

Furthermore, the franchisee acknowledges that Franchisor's Affiliate makes no warranty, express or implied, as to the Pod's merchantability, fitness for purpose, design, or condition. The franchisee is leasing the Pod "as is, where is," assuming all risks of defects, whether apparent or hidden, and agrees to maintain the Pod at their own expense. This places a significant burden on the franchisee to assess the Pod's condition and suitability before accepting it and to bear the costs of any necessary maintenance or repairs during the lease term. This also means that the franchisee is taking on significant risk regarding the condition and suitability of the Pod, as they are accepting it "as is" and are responsible for all maintenance and repair costs.