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Does the Aira Fitness Franchising, LLC Addendum to the Multi-Unit Development Agreement for the State of New York supersede other terms in documents related to the franchise?

Aira_Fitness Franchise · 2025 FDD

Answer 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 the 2025 Aira Fitness Franchise Disclosure Document, the Aira Fitness Franchising, LLC Addendum to the Multi-Unit Development Agreement for the State of New York includes a provision that supersedes other terms in documents related to the franchise. Specifically, the addendum states that no statement, questionnaire, or acknowledgement signed by a franchisee in connection with starting the franchise can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on the franchisor.

This means that Aira Fitness franchisees in New York are protected from inadvertently waiving their legal rights or disclaiming reliance on statements made by Aira Fitness during the franchise sales process. This protection is significant because it ensures that franchisees can pursue legal remedies if they believe they were misled or defrauded.

This type of clause is not uncommon in franchise agreements, particularly in states with strong franchise protection laws like New York. It aims to balance the franchisor's need for standardized agreements with the franchisee's right to legal recourse. Prospective Aira Fitness franchisees should carefully review this addendum and understand their rights under New York law.

The addendum also modifies other aspects of the Multi-Unit Development Agreement, including those related to governing law and consent to jurisdiction, ensuring that the franchisee retains rights under New York's General Business Law. This further strengthens the franchisee's position in potential disputes.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.