What is the relationship between Aira Fitness's site approval and the franchisee's responsibility to comply with applicable laws?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties acknowledge and agree that our site approval is not an assurance that the Aira Fitness Business will achieve a certain sales volume or level of profitability; it means only that the proposed site meets our minimum site selection criteria.
We assume no liability or responsibility for (i) evaluation of the location's soil for hazardous substances; (ii) inspection of any structure for asbestos or other toxic or hazardous materials; (iii) compliance with the Americans with Disabilities Act ("ADA"); or (iv) compliance with any other applicable law.
It is solely your responsibility to obtain satisfactory evidence and/or assurances that the Aira Fitness Business premises (and any structures thereon) is free from environmental contamination and is in compliance with the requirements of the ADA and other applicable laws.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness's approval of a site for a franchise location does not guarantee the location's compliance with laws or its potential profitability. Aira Fitness states that site approval only indicates that the proposed location meets the company's minimum site selection criteria.
The franchisee is solely responsible for ensuring the Aira Fitness Business premises comply with the Americans with Disabilities Act (ADA) and other applicable laws. This includes obtaining evidence or assurances that the premises are free from environmental contamination. Aira Fitness assumes no liability for evaluating the location's soil for hazardous substances, inspecting for asbestos or other toxic materials, or ensuring compliance with the ADA or any other applicable law.
In practice, this means that even after Aira Fitness approves a site, the franchisee must conduct their own due diligence to ensure the location meets all legal requirements before opening. This could involve hiring environmental consultants, structural engineers, and legal counsel to assess the property and ensure compliance. The franchisee bears the risk and cost associated with ensuring the site is legally compliant, regardless of Aira Fitness's initial approval.