Who is responsible for ensuring that Aira Fitness Membership Agreements comply with all applicable laws and regulations?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use Membership Agreements that are based on our then-current standard form of Membership Agreement, with the exception, however, that there may be state and local laws that may require you to alter the Membership Agreement in the jurisdictions under which your Aira Fitness Business operates – you must abide by those laws.
You are solely and exclusively responsible for ensuring that the Membership Agreements you use in connection with the operation of your Aira Fitness Business comply with all applicable laws and regulations.
Any changes to the form document must be approved in writing by us.
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 and exclusively responsible for ensuring that the Membership Agreements used in connection with the operation of their Aira Fitness Business comply with all applicable laws and regulations. While Aira Fitness provides a standard form of Membership Agreement, franchisees must alter the agreement to comply with state and local laws. Any changes to the standard form document must be approved in writing by Aira Fitness.
This means that prospective Aira Fitness franchisees must be proactive in understanding the legal landscape of their operating area. They need to be aware of statutes, regulations, and ordinances that could impact their ability to operate the franchise, particularly those related to sales, advertising, membership cancellation rights, and consumer privacy. Aira Fitness is not responsible for reviewing these laws or ensuring that the system complies with local regulations.
Prior to purchasing the franchise, franchisees must conduct a review of potentially applicable laws and provide Aira Fitness with a written statement of all legal issues that may significantly impact their ability to follow the system or operate their business. This highlights the importance of due diligence and seeking legal counsel to ensure compliance. Franchisees bear the risk of non-compliance, making it crucial to understand and adhere to all relevant laws and regulations.
If there is a conflict between Aira Fitness's standards and policies and actual applicable law, the franchisee must comply with the requirements of applicable law, immediately notify Aira Fitness of the conflict, and cooperate with Aira Fitness and its counsel to determine the most effective way to meet the brand's standards and policies within the bounds of applicable law.