Does the Illinois Addendum to the Aira Fitness Franchise Agreement allow a franchisee to waive compliance with the Illinois Franchise Disclosure Act?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the Illinois Addendum to the Franchise Agreement explicitly prohibits franchisees from waiving compliance with the Illinois Franchise Disclosure Act. Specifically, it states that any condition, stipulation, or provision that attempts to bind a person acquiring a franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void. This protection ensures that franchisees in Illinois retain all rights and protections afforded to them under Illinois law.
This provision is highly favorable for prospective Aira Fitness franchisees in Illinois. It prevents Aira Fitness from including clauses in the franchise agreement that might force a franchisee to unknowingly surrender their legal rights under Illinois franchise law. This protection extends to all laws of Illinois, not just the Franchise Disclosure Act, providing a broad safeguard for franchisees.
Furthermore, the addendum reinforces this protection by stating that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including claims of fraud in the inducement, or disclaim reliance on statements made by Aira Fitness. This ensures that franchisees cannot inadvertently waive their rights through routine paperwork or acknowledgments during the franchise commencement process. This provision supersedes any other conflicting terms in any document executed in connection with the franchise, providing an additional layer of security for the franchisee.
In summary, the Illinois Addendum to the Aira Fitness Franchise Agreement provides significant protections for franchisees by explicitly prohibiting the waiver of compliance with the Illinois Franchise Disclosure Act and other Illinois laws. This ensures that franchisees retain their legal rights and protections throughout the franchise relationship, preventing Aira Fitness from circumventing these protections through contractual clauses or routine paperwork.