What rights does the Guarantor waive under the Aira Fitness lease agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You and your Owners and guarantors may not assert any claim or cause of action against us or our affiliates relating to this Agreement or the business contemplated under this Agreement after the shorter period of the applicable statute of limitations or one year following the effective date of termination or expiration of this Agreement; provided that where the one-year limitation of time is prohibited or invalid by or under any applicable law, then and in that event no suit, arbitration proceeding, or other action may be commenced or maintained unless commenced within the applicable statute of limitations.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, the guarantor, along with the franchisee and their owners, is restricted from pursuing any claims or legal actions against Aira Fitness or its affiliates concerning the Franchise Agreement or the business operations it covers, provided the claim is made after the shorter of either the applicable statute of limitations or one year following the termination or expiration of the agreement. However, if the one-year limitation is legally prohibited, the claim must be filed within the period defined by the applicable statute of limitations.
This waiver means that franchisees and their related parties must act quickly if they believe Aira Fitness has violated the agreement or otherwise harmed their business. They risk losing their right to sue if they wait longer than one year after the agreement ends, even if the general statute of limitations would allow a longer period.
This type of clause is relatively common in franchise agreements, as it aims to limit the franchisor's long-term liability and encourage prompt resolution of disputes. Prospective Aira Fitness franchisees should carefully consider this limitation and consult with an attorney to understand its implications fully. They should also document any issues or concerns that arise during the franchise term to ensure they can act within the required timeframe if necessary.