Are there any limitations on the period of time by which claims must be brought under the Aira Fitness Agreement?
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, franchisees, their owners, and guarantors are limited in the time they have to bring claims against Aira Fitness or its affiliates. Specifically, any claim or cause of action related to the Franchise Agreement or the business must be brought within the shorter of either the applicable statute of limitations or one year following the termination or expiration of the agreement.
However, there is an exception to this one-year limitation. If the one-year limitation is prohibited or deemed invalid under any applicable law, then the claim must be commenced within the period defined by the applicable statute of limitations. This means that if a local law provides for a longer period to bring a claim, that longer period would apply instead of the one-year limit.
This clause has significant implications for prospective Aira Fitness franchisees. It is crucial to be aware of this limitation and to consult with a legal professional to understand the applicable statute of limitations in their jurisdiction. Failure to bring a claim within the specified time frame could result in the franchisee losing their right to pursue legal action against Aira Fitness, regardless of the validity of the claim.