Does Aira Fitness's Franchisor's Affiliate offer any express or implied warranties regarding the equipment's fitness, condition, or merchantability?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
4. No Warranties; Consequential Damages Excluded.
(a) Disclaimer of Warranties. Franchisee acknowledges that: Franchisor's Affiliate is not the manufacturer of the Equipment nor the manufacturer's agent or representative nor a dealer therein; the Equipment is of a size, design, capacity, description and manufacture selected by the Franchisee; Franchisee is satisfied that the Equipment is suitable and fit for its purposes; and FRANCHISOR'S AFFILIATE HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE EQUIPMENT, ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF THE MATERIALS IN THE EQUIPMENT OR WORKMANSHIP IN THE EQUIPMENT, FRANCHISOR'S AFFILIATE'S TITLE TO THE EQUIPMENT, NOR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER; Franchisor's Affiliate shall not be liable to Franchisee for any loss, damage, or expense of any kind or nature caused, directly or indirectly, by the Equipment or the use or maintenance thereof or the failure or operation thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repairs, service or adjustment, or by any interruption of service or loss of use thereof or for any loss of business howsoever caused.
Franchisor's Affiliate shall not be liable for any consequential damages as that term is used in U.C.C.
Article 2A.
No defect or unfitness of the Equipment shall relieve Franchisee of the obligation to pay any installment of rent or any other obligation under this Lease.
Franchisor's Affiliate shall have no obligation under this Lease in respect of the Equipment and shall have no obligation to ship, deliver, assemble, install, erect, test, adjust or service the Equipment.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the Franchisor's Affiliate, typically Pure Gym Equipment, LLC, provides no warranties, either express or implied, regarding the fitness, design, condition, or quality of the equipment, its material, or workmanship. This means that Aira Fitness franchisees are purchasing or leasing equipment without any guarantee from the affiliate regarding its suitability for their intended purpose, its condition upon arrival, or its general marketability.
This lack of warranty places the onus on the franchisee to thoroughly inspect the equipment upon delivery and to accept it in its delivered condition. Aira Fitness franchisees bear the risk associated with equipment defects or failures, as the affiliate explicitly disclaims any responsibility for losses, damages, or expenses arising from the equipment's use, maintenance, or any interruptions in service. This is further emphasized by the franchisee's acknowledgment that the affiliate is neither the manufacturer nor an agent thereof, and that the franchisee has selected the equipment and is satisfied with its suitability.
Moreover, the affiliate is not liable for any consequential damages, a legal term used in U.C.C. Article 2A, which refers to indirect losses resulting from a failure of the equipment. The franchisee's obligation to pay rent or fulfill other lease obligations remains even if the equipment is defective or unfit. The affiliate also has no obligation to ship, deliver, assemble, install, erect, test, adjust, or service the equipment.
Given these conditions, prospective Aira Fitness franchisees should conduct thorough due diligence on the equipment they plan to use, potentially seeking independent inspections or exploring alternative suppliers who may offer warranties. Understanding the full scope of this disclaimer is crucial for managing the risks associated with equipment performance and maintenance in the Aira Fitness business.