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What are the Aira Fitness franchisee's obligations regarding trademarks in Item 13, and how are these obligations summarized in Item 9?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

You may not refer to your Aira Fitness Business as a "Pod" unless you operate your Aira FitnessBusiness from a Pod and may not refer to your Aira Fitness Business as a "Private Studio" unless we expressly authorize you to do so.

Your use of the Marks and any goodwill is to our and our affiliate's exclusive benefit and you retain no rights in the Marks. You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks including the adoption of new Marks, new program offerings, new equipment or new techniques and you must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. You must comply, at your cost, within a reasonable time if we notify you to discontinue or modify your use of any Mark. We will have no liability or obligation as to your modification or discontinuance of any Mark.

You must comply with all trademark, trade name and service mark notice marking requirements.

You may use the Marks only in association with services and products approved by us and that meet our standards or requirements with respect to quality, safety and performance.

You must refrain, and cause each Covered Person (as defined in Section 10.D.1) and each of your employees and independent contractors to refrain from making or publishing any remarks that disparage or derogate us or the AIRA FITNESS brand.

This prohibition applies to oral remarks and remarks that are published in print, electronic, and social media.

Your use of the Marks on the internet is governed by Section 6.L below.

A breach of your obligations under this Section 3.B is a material default under this Agreement.

You must use the name "AIRA FITNESS" as the trade name of the Aira Fitness Business and you may not use any other mark or words to identify the Aira Fitness Business without our prior written consent.

You may not use the words "AIRA" or "AIRA FITNESS" or any of the other Marks as part of the name of your corporation, partnership, limited liability company or other similar entity.

You may use the Marks on various materials, such as business cards, stationery and checks, provided you (i) accurately depict the Marks on the materials, (ii) include a statement on the materials indicating that the business is independently owned and operated by you, (iii) do not use the Marks in connection with any other trademarks, trade names or service marks unless we specifically approve in writing prior to such use, and (iv) make available to us, upon our request, a copy of any materials depicting the Marks.

You must post a prominentsign in the Aira Fitness Businessidentifying you as an Aira FITNESS franchisee in a format we deem reasonably acceptable, including an acknowledgment that you independently own and operate the Aira Fitness Business and that the AIRA FITNESS Mark is owned by us and your use is under a license we have issued to you.

WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS.

What This Means (2025 FDD)

According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees have several obligations regarding the use of Aira Fitness's trademarks. Item 13 states that franchisees must use the name "AIRA FITNESS" as the trade name for their business and cannot use any other marks or words without prior written consent from Aira Fitness. Franchisees are also restricted from using "AIRA" or "AIRA FITNESS" or any other marks as part of their business's legal entity name (corporation, partnership, etc.).

Franchisees can use the trademarks on materials like business cards and stationery, provided they accurately depict the marks, include a statement indicating independent ownership, and do not use the marks in conjunction with other trademarks without written approval. Additionally, franchisees must post a sign identifying themselves as an Aira Fitness franchisee in a format reasonably acceptable to Aira Fitness, acknowledging their independent ownership and Aira Fitness's ownership of the marks.

Aira Fitness retains the right to change the system identified by the marks, including adopting new marks, program offerings, equipment, or techniques, and franchisees must adopt these changes as if they were part of the original Franchise Agreement. Franchisees must also comply with any notification to discontinue or modify the use of any mark at their own cost. Aira Fitness makes no warranty regarding the use, exclusive ownership, validity, or enforceability of the marks. The FDD excerpts provided do not include Item 9, so information summarizing franchisee obligations related to trademarks is not available.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.