For Aira Fitness, are there any exceptions to the one-year limitation on actions for claims brought by the Developer?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
C. Claims. 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)
According to Aira Fitness's 2025 Franchise Disclosure Document, there is a one-year limitation on claims or causes of action that a franchisee (referred to as "you" or "your Owners and guarantors") may bring against Aira Fitness or its affiliates. This limitation begins from the effective date of termination or expiration of the Franchise Agreement. This means that if a franchisee believes Aira Fitness has violated the agreement or caused them harm, they generally have only one year from the end of the franchise term to take legal action.
However, the FDD specifies an exception to this one-year limitation. If the one-year limitation is prohibited or deemed invalid under any applicable law, the claim must be commenced within the period defined by the applicable statute of limitations. This means that if a local or state law provides for a longer period to bring such claims, that longer period would apply instead of the one-year limitation.
This provision is important for prospective Aira Fitness franchisees to understand because it clarifies the time frame within which they must act if they have a legal claim against the franchisor. Franchisees should be aware of the laws in their jurisdiction regarding statutes of limitations, as these laws could override the one-year limitation specified in the franchise agreement. It is advisable to consult with an attorney to understand their rights and the applicable time limits for filing a claim.