For Aira Fitness franchises in New York, can a franchisee disclaim reliance on behalf of the franchisor through any signed statement or acknowledgement?

According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees in New York cannot disclaim reliance on the franchisor through any signed statement or acknowledgement related to the commencement of the franchise relationship. This protection is specifically outlined in the addendum to the franchise agreement for the state of New York.

This provision ensures that Aira Fitness franchisees are not bound by any agreement that would prevent them from claiming reliance on statements made by the franchisor, which is particularly important in cases of potential misrepresentation or fraud. This protection extends to claims under applicable state franchise law, including fraud in the inducement.

The addendum explicitly states that this provision supersedes any other conflicting terms in any document executed in connection with the franchise. This means that even if other agreements contain language that might suggest a waiver of reliance, this specific clause in the New York addendum takes precedence, offering a stronger safeguard for the franchisee.

In practical terms, this means that an Aira Fitness franchisee in New York retains the right to claim they relied on information provided by the franchisor when making their decision to invest in the franchise, regardless of any standard waivers or disclaimers they may have signed. This can be a significant benefit in resolving disputes or pursuing legal action if the franchisee believes they were misled.