Who is responsible for compliance with wage and hour requirements for employees of an Aira Fitness franchise?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to staff the Aira Fitness Business with the number of managers and employees sufficient to operate the Aira Fitness Business in compliance with this Agreement and any mandatory standards and specifications in the Operations Manual and to provide proper customer service during all hours of operation in order to protect the quality of the services and products offered by you at the Aira Fitness Business for protection of the Marks. No employee of yours will be deemed to be an employee of ours for any purpose whatsoever, and nothing in any aspect of the System and Marks in any way shifts any employee or employment related responsibility from you to us. You acknowledge that you are an independent business and responsible for control and management of your Aira Fitness Business, including, but not limited to, the hiring, discharging, training, compliance with wage and hour requirements, personnel policies, benefits, record keeping, scheduling, supervision and discipline of employees, regardless of whether you receive advice from us on these subjects. You acknowledge that we have no power, responsibility or liability for personnel decisions regarding your employees.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the franchisee is solely responsible for compliance with wage and hour requirements for their employees. Aira Fitness franchisees operate as independent businesses, responsible for the control and management of their fitness center. This includes all aspects of employment, such as hiring, training, and ensuring compliance with labor laws.
This means that as an Aira Fitness franchisee, you are responsible for understanding and adhering to all applicable federal, state, and local wage and hour laws. This includes, but is not limited to, minimum wage requirements, overtime pay, and proper record-keeping. Aira Fitness has no power, responsibility, or liability for personnel decisions regarding the franchisee's employees.
While Aira Fitness may provide advice on staffing and personnel policies, the ultimate responsibility for these matters rests with the franchisee. Franchisees should consult with legal and human resources professionals to ensure they are fully compliant with all employment laws. Failing to comply with wage and hour laws can result in significant penalties and legal action, for which the franchisee is solely responsible.
Furthermore, the FDD states that no employee of the franchisee will be deemed an employee of Aira Fitness for any purpose. This reinforces the independent contractor relationship between the franchisor and franchisee, and further clarifies that all employment-related responsibilities lie with the franchisee.