Are procedural arbitration issues involving Aira Fitness resolved pursuant to state statutes, regulations, or common law?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 1051 et. seq.), and except that all issues relating to arbitrability or the enforcement or interpretation of the agreement to arbitrate set forth in this Section shall be governed by the United States Arbitration Act (9 U.S.C.
Section 1 et seq) and the federal common law relating to arbitration, this Agreement and the franchise shall be governed by the internal laws of the State of Illinois (without reference to its choice of law and conflict of law rules), except that the provisions of any franchise law of such state shall not apply unless the jurisdictional requirements ofsaid law have been met independently of this provision.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the franchise agreement and the franchise itself are generally governed by the internal laws of the State of Illinois, without regard to its choice of law and conflict of law rules. However, this is with the exception that the provisions of any franchise law of such state shall not apply unless the jurisdictional requirements of said law have been met independently of this provision.
Specifically, all issues relating to arbitrability or the enforcement or interpretation of the agreement to arbitrate are governed by the United States Arbitration Act and the federal common law relating to arbitration. This means that while the general legal framework is Illinois law, federal law takes precedence when it comes to the specifics of arbitration.
This distinction is important for a prospective Aira Fitness franchisee because it clarifies which laws will govern potential disputes. While Illinois law provides the baseline, any disagreement over whether a matter should be arbitrated, or how the arbitration agreement should be interpreted, will be decided under federal law. Franchisees should be aware of this dual legal framework and consult with legal counsel to understand their rights and obligations under both Illinois and federal law.