Does Aira Fitness provide any warranties on the Pod if a franchisee exercises the purchase option?

igned by the parties hereto. Upon expiration of the term of this Lease, and until return to Franchisor's Affiliate of the Pod and any and all other equipment leased hereunder, or until any purchase option price is paid, this Lease shall remain effective and shall become a month-to-month lease between the parties on the same terms and conditions, and the monthly rent then in effect shall be the rent payable during such month-to-month term under each applicable schedule ("Month-to-Month Period").

Franchisee may purchase the Pod at the end of the term and during any Month-to-Month Period of this Lease in an amount equal to Twenty Thousand Dollars ($20,000.00), provided that (a) Franchisee gives Franchisor's Affiliate written notice of Franchisee's intention to exercise the option at least 30 days prior to the exercise of such option; (b) Franchisee is not in default under any covenant or condition of this Lease, and (c) Franchisee pays all rent and other

charges due hereunder together with the full purchase price set forth above. Upon exercise of option and payment by Franchisee of the purchase price and all charges, Franchisor's Affiliate will execute and deliver a bill of sale for the Pod to Franchisee. THIS SALE WILL BE WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND BY OWNER, WHETHER EXPRESS OR IMPLIED IN FACT OR LAW and, Franchisee will accept Pod "AS IS" and "WHERE IS".

No Warranties; Consequential Damages Excluded.

• (a) Disclaimer of Warranties. Franchisee acknowledges that: Franchisor's Affiliate is not the manufacturer of the Pod nor the manufacturer's agent or representative nor a dealer therein; the Pod is of a size, design, capacity, description and manufacture selected by the Franchisee; Franchisee is satisfied that the Pod is suitable and fit for its purposes; and FRANCHISOR'S AFFILIATE HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE POD, ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF THE MATERIALS IN THE POD OR WORKMANSHIP IN THE POD, FRANCHISOR'S AFFILIATE'S TITLE TO THE POD, NOR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER; Franchisor's Affiliate shall not be liable to Franchisee for any loss, damage, or expense of any kind or nature caused, directly or indirectly, by the Pod or the use or maintenance thereof or the failure or operation thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repairs, service or adjustment, or by any interruption of service or loss of use thereo

Source: Item 23 — **RECEIPTS (FDD pages 59–254)