Does any questionnaire signed by an Aira Fitness franchisee disclaim reliance on behalf of the Franchisor?
Aira_Fitness Franchise · 2025 FDDAnswer 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, specifically for franchisees in Illinois and New York, no statement, questionnaire, or acknowledgment signed by a franchisee can disclaim reliance on any statement made by the franchisor or anyone acting on their behalf. This protection extends to claims under applicable state franchise law, including fraud in the inducement.
This provision ensures that Aira Fitness franchisees in Illinois and New York cannot inadvertently waive their rights to hold the franchisor accountable for statements made during the franchise sales process. It aims to protect franchisees from being bound by clauses that might otherwise limit their ability to pursue legal claims based on misrepresentations or false promises.
This type of clause is particularly important in franchising, where franchisees often rely heavily on the franchisor's representations about the potential success and profitability of the business. By explicitly prohibiting disclaimers of reliance, the FDD seeks to create a fairer balance of power between the franchisor and franchisee, ensuring that franchisees can seek redress if they believe they were misled. This protection supersedes any other conflicting terms in any document executed in connection with the franchise agreement.