If Aira Fitness changes the system identified by the marks, what is the franchisee's obligation?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Aira Fitness has the right to modify its operating system, including its trademarks, program offerings, equipment, and techniques. If Aira Fitness makes such changes, franchisees must adopt them as if they were part of the original Franchise Agreement.
Specifically, the franchisee is obligated to comply with changes to the marks, and if Aira Fitness notifies a franchisee to discontinue or modify the use of any mark, the franchisee must comply at their own cost within a reasonable time. Aira Fitness assumes no liability for the franchisee's costs associated with these modifications or discontinuance.
This clause is fairly standard in franchising, as franchisors need the flexibility to update their systems to stay competitive and relevant. However, it places the financial burden of these changes on the franchisee. Prospective Aira Fitness franchisees should consider the potential costs of rebranding or adopting new systems when evaluating the franchise opportunity.