What is the franchisee's sole and exclusive remedy if the Franchisor's Affiliate permits the franchisee to enforce a Supplier's or manufacturer's warranty for the Pod for Aira Fitness?

According to the 2025 Aira Fitness Franchise Disclosure Document, if there is no event of default, the franchisee's sole and exclusive remedy is that the Franchisor's Affiliate will allow the franchisee to enforce any Supplier's or manufacturer's warranty or agreement for the Pod. This enforcement is done in the franchisee's name and at their sole expense, but only to the extent that the warranty or agreement is assignable.

This means that Aira Fitness franchisees cannot pursue any other form of compensation or legal action against the Franchisor's Affiliate regarding the Pod, provided they are not in default of their agreement. The franchisee is limited to the rights and remedies provided under the original manufacturer's warranty. It is important for prospective franchisees to understand the terms and limitations of these warranties, as they will be responsible for handling any warranty claims directly with the supplier or manufacturer.

Furthermore, the FDD emphasizes that the Franchisor's Affiliate offers no warranties regarding the Pod's fitness, condition, merchantability, design, or operation. The franchisee acknowledges that they selected the Pod's specifications and are responsible for ensuring it meets their needs. This disclaimer of warranties, coupled with the sole remedy being the enforcement of the manufacturer's warranty, places significant responsibility on the franchisee to assess the suitability and quality of the Pod before entering into the agreement. Aira Fitness franchisees should conduct thorough due diligence on the equipment and understand the implications of these limitations.