Does Aira Fitness make any warranties regarding the use, ownership, or validity of the Marks?

According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness makes no representations or warranties, either express or implied, regarding the use, exclusive ownership, validity, or enforceability of its trademarks (the "Marks"). This means that while franchisees are granted the right to use Aira Fitness's trademarks, Aira Fitness does not guarantee the franchisee's right to use them, that they exclusively own the marks, or that the marks are valid or can be legally defended.

This disclaimer has significant implications for prospective franchisees. It means that Aira Fitness is not liable if a franchisee's use of the trademarks is challenged by a third party. For example, if another company claims that Aira Fitness's trademarks infringe on their intellectual property rights, Aira Fitness is not obligated to defend the franchisee or cover any associated legal costs. The franchisee would likely bear the financial and legal burden of defending their right to use the marks.

This type of disclaimer is not uncommon in franchising. Franchisors often include such clauses to protect themselves from potential legal liabilities. However, it is crucial for franchisees to understand the risks involved. Before signing the franchise agreement, prospective Aira Fitness franchisees should consider conducting their own due diligence on the trademarks, including a trademark search, and consulting with an attorney to fully understand the implications of this disclaimer.

In addition, the franchisee is responsible for using the Aira Fitness name as the trade name of their Aira Fitness Business and cannot use any other mark or words to identify the Aira Fitness Business without prior written consent. The franchisee must also post a sign identifying them as an Aira Fitness franchisee, acknowledging that they independently own and operate the Aira Fitness Business and that Aira Fitness owns the mark.