For Aira Fitness franchises in New York, what effect do statements, questionnaires, or acknowledgements signed by the franchisee have on waiving claims under state franchise law?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, an addendum to the franchise agreement for the state of New York clarifies the effect of certain documents signed by franchisees. Specifically, no statement, questionnaire, or acknowledgement signed or agreed to by an Aira Fitness franchisee in connection with starting the franchise can waive claims under any applicable state franchise law. This includes claims related to fraud in the inducement.
This provision also prevents these documents from disclaiming reliance on behalf of Aira Fitness. This means that Aira Fitness cannot use these documents to argue that the franchisee did not rely on the franchisor's statements. This protection is significant for prospective franchisees as it ensures that their rights under New York franchise law are not inadvertently waived through standard paperwork at the beginning of the franchise relationship.
This addendum explicitly states that this provision overrides any other conflicting terms in any document related to the franchise agreement. This reinforces the protection afforded to the franchisee under New York law, ensuring that no other clause can unintentionally undermine their right to make claims against Aira Fitness under state franchise law. This is a beneficial term for franchisees in New York.