What happens to the goodwill of the Aira Fitness business associated with the Marks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
The Marks are our valuable property, and we are the owner of all right, title and interest in and to the Marks and all past, present or future goodwill of the Aira Fitness Business and of the business conducted at the Authorized Location that is associated with or attributable to the Marks.
Your use of the Marks will inure to our benefit.
You may not, during or after the term of this Agreement, engage in any conduct directly or indirectly that would infringe upon, harm or contest our rights in any of the Marks or the goodwill associated with the Marks, including any use of the Marks in a derogatory, negative, or other inappropriate manner in any media, including but not limited to print or electronic media.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness retains ownership of all goodwill associated with the Marks. As stated in the FDD, the Marks are the valuable property of Aira Fitness, and Aira Fitness owns all rights, titles, and interests in the Marks, including all past, present, or future goodwill of the Aira Fitness business and the business conducted at the Authorized Location that is associated with or attributable to the Marks. The franchisee's use of the Marks will inure to the benefit of Aira Fitness.
This means that any positive reputation or customer recognition the Aira Fitness business gains through the use of the Marks ultimately benefits Aira Fitness. The franchisee cannot take actions that would harm or contest Aira Fitness's rights to the Marks or the associated goodwill. This restriction applies both during and after the term of the Franchise Agreement.
For a prospective Aira Fitness franchisee, this clause emphasizes that building a strong local business also builds the Aira Fitness brand. While the franchisee benefits from operating under a recognized brand, the long-term value of the brand equity remains with Aira Fitness. This is a standard practice in franchising, as it ensures brand consistency and protects the franchisor's intellectual property.