factual

Does the provision regarding waiving claims and disclaiming reliance supersede other terms in documents executed in connection with the Aira Fitness franchise?

Aira_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

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 22 — **CONTRACTS (FDD page 59)

What This Means (2025 FDD)

According to the 2025 Aira Fitness Franchise Disclosure Document, a specific provision addresses the waiving of claims and disclaiming reliance. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship can waive claims under state franchise law, including claims related to fraud in the inducement.

Furthermore, this provision prevents franchisees from disclaiming reliance on statements made by Aira Fitness, its sellers, or anyone acting on its behalf. Critically, the FDD states that this particular provision takes precedence over any other conflicting terms found in any document associated with the franchise agreement. This means that even if other documents contain language that could be interpreted as a waiver or disclaimer, this specific provision will govern.

For a prospective Aira Fitness franchisee, this offers a degree of protection. It clarifies that they cannot inadvertently forfeit their rights to pursue legal claims related to franchise law or disclaim reliance on representations made by the franchisor through standard documents signed during the initial phase of the franchise relationship. This protection applies specifically to claims such as fraud, ensuring franchisees are not bound by potentially misleading information.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.