Does the jury waiver in the Aira Fitness franchise agreement apply to allegations of fraud or misrepresentation?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. **Jury Waiver.
All parties hereby waive any and all rights to a trial by jury in connection with the enforcement or interpretation by judicial process of any provision of this Agreement, and in connection with allegations of state or federal statutory violations, fraud, misrepresentation or similar causes of action or any**
legal action initiated for the recovery of damages for breach of this Agreement.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the franchise agreement includes a jury waiver that applies to allegations of fraud or misrepresentation. This means that if a franchisee brings a legal action against Aira Fitness alleging fraud or misrepresentation, the franchisee waives their right to a trial by jury and the case will be decided by a judge.
This jury waiver extends to the enforcement or interpretation of any provision within the Aira Fitness agreement. It also applies to allegations of state or federal statutory violations, fraud, misrepresentation, or similar causes of action. Additionally, the waiver covers any legal action initiated for the recovery of damages for breach of the agreement.
Jury waivers are relatively common in franchise agreements. Franchise systems often prefer to have disputes resolved by a judge who is more familiar with contract law and business practices than a jury might be. However, a franchisee should carefully consider the implications of waiving their right to a jury trial, as it could impact their ability to present their case in the most favorable light. It is advisable to seek legal counsel to fully understand the ramifications of this waiver before signing the Aira Fitness franchise agreement.