What is the Aira Fitness franchisee's sole and exclusive remedy for enforcing a Supplier's or manufacturer's warranty on the Pod?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor's Affiliate agrees, so long as there shall not have occurred or be any Event of Default as defined in Paragraph 11 or event which with lapse of time or notice, or both, might become an Event of Default hereunder, that Franchisor's Affiliate will permit Franchisee, as Franchisee's sole and exclusive remedy hereunder, to enforce in Franchisee's own name and at Franchisee's sole expense any Supplier's or manufacturer's warranty or agreement in respect of the Pod to the extent that such warranty or agreement is assignable.
- (b) **Exclusion of Consequential Damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, FRANCHISOR'S AFFILIATE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO FRANCHISEE OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING**
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the franchisee's sole and exclusive remedy for enforcing a Supplier's or manufacturer's warranty or agreement regarding the Pod is to do so in the franchisee's own name and at their sole expense. This is permitted as long as there is no Event of Default.
This means that Aira Fitness itself will not be responsible for pursuing warranty claims on behalf of the franchisee. The franchisee must handle all aspects of the warranty claim, including any associated costs. This arrangement places the burden of warranty enforcement directly on the franchisee, who must then manage the relationship with the supplier or manufacturer.
It is important to note that Aira Fitness's affiliate disclaims all warranties, express or implied, related to the Pod's fitness, condition, merchantability, design, or operation. The affiliate is also not liable for any losses, damages, or expenses resulting from the Pod or its use. This underscores the importance of the franchisee understanding the terms and limitations of the manufacturer's or supplier's warranty, as they will be the only party able to pursue any claims. Additionally, the franchisee will not be entitled to any consequential damages, regardless of the failure of any sole or exclusive remedy applicable to the Pod.