Is the Aira Fitness franchisor liable for damages arising out of the franchisee's construction or operation of the Aira Fitness Business?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
We will not be obligated by, or have any liability under, any agreements, representations or warranties you make that are not expressly authorized under this Agreement, nor will we be obligated for any damages to any person or property directly or indirectly arising out of your construction, development and/or operation of your Aira Fitness Business, whether or not caused by the negligent or willful action or failure to act on the part of you, the Owners, managers, employees or agents.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness is not liable for damages that arise from the franchisee's construction, development, or operation of their Aira Fitness Business. This protection extends whether damages are caused by negligence or willful actions or failures to act by the franchisee, their owners, managers, employees, or agents. This means that franchisees are responsible for managing their business in a way that minimizes risk and liability.
Furthermore, the franchisee agrees not to use any Aira Fitness mark in any way that may result in liability for the franchisor regarding any indebtedness or obligation of the franchisee. The franchisee is also responsible for obtaining appropriate insurance coverage to protect against potential liabilities. This includes general liability insurance, worker's compensation insurance, and other relevant policies.
This arrangement is typical in franchising, where franchisees operate as independent business owners. Franchisees are generally responsible for their own actions and business operations. However, prospective franchisees should consult with legal and insurance professionals to fully understand their potential liabilities and ensure they have adequate protection.