If Aira Fitness adopts new marks, must the franchisee adopt these changes?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks including the adoption of new Marks, new program offerings, new equipment or new techniques and you must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. You must comply, at your cost, within a reasonable time if we notify you to discontinue or modify your use of any Mark. We will have no liability or obligation as to your modification or discontinuance of any Mark.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees must adopt changes to the system, including new marks. The FDD states that Aira Fitness may change the system, which is identified by the marks, and this includes adopting new marks, new program offerings, new equipment, or new techniques. Franchisees must adopt these changes as if they were part of the Franchise Agreement at the time of its execution.
This means that if Aira Fitness decides to rebrand or update its image, franchisees are obligated to implement these changes in their businesses. This could involve updating signage, marketing materials, and other branded items to reflect the new marks. Franchisees are responsible for the costs associated with these changes and must comply within a reasonable time frame after receiving notification from Aira Fitness to discontinue or modify the use of any mark.
While franchisees must comply with changes to the marks, Aira Fitness assumes no liability or obligation for the franchisee's costs related to modifying or discontinuing the use of any mark. This is a fairly standard practice in franchising, where the franchisor maintains control over the brand's image and standards, and franchisees are expected to adhere to these standards at their own expense. A prospective franchisee should factor in potential rebranding costs when evaluating the overall investment required for an Aira Fitness franchise.