What are the Aira Fitness franchisee's obligations regarding the use of trademarks in Item 13, and how does this relate to the franchisor's assistance with advertising in Item 11?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- C.
Aira Fitness Business Identification.
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.
- D.
Litigation.
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, Item 13 outlines several obligations for franchisees regarding the use of Aira Fitness's trademarks. Franchisees must comply with all trademark, trade name, and service mark notice marking requirements. They can only use the marks in association with approved services and products that meet Aira Fitness's standards for quality, safety, and performance. Franchisees must use "AIRA FITNESS" as the trade name and cannot use the marks as part of their business entity's name without prior written consent. They can use the marks on materials like business cards if they accurately depict the marks, indicate independent ownership, and do not combine them with other marks without approval. Franchisees must also post a sign identifying themselves as an Aira Fitness franchisee. Aira Fitness does not provide any warranty regarding the use, ownership, validity, or enforceability of the marks.
Item 11 details Aira Fitness's assistance with advertising. Aira Fitness provides grand opening promotional materials and assistance. Franchisees are obligated to aggressively promote and advertise the Aira Fitness Business in their local area and participate in local promotional programs, spending at least $400 per month on local advertising.
The use of trademarks is further reinforced in Item 23, where franchisees agree to comply with all System specifications, standards, and operating procedures related to the promotion of the Aira Fitness Business, including advertising and promotional programs, and the use and illumination of signs, posters, and displays. Franchisees must also participate in joint advertising campaigns and endorsements as directed by Aira Fitness, who will provide the necessary promotional items free of charge. These obligations ensure brand consistency and adherence to Aira Fitness's marketing strategies, with franchisees bearing the responsibility for local advertising efforts while adhering to the franchisor's brand standards and participating in larger campaigns.