Are there any representations or warranties made by Aira Fitness outside of the franchise agreement and the application form?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly authorized by this Agreement, neither of us will make any express or implied agreements, warranties, guarantees or representations, or incur any debt, in the name of or on behalf of the other or represent that our relationship is other than that of franchisor and franchisee.
- C.
Indemnification; Tax Liability.
We will not be obligated by, or have any liability under, any agreements, representations or warranties you make that are not expressly authorized under this Agreement, nor will we be obligated for any damages to any person or property directly or indirectly arising out of your construction, development and/or operation of your Aira Fitness Business, whether or not caused by the negligent or willful action or failure to act on the part of you, the Owners, managers, employees or agents.
We will have no liability for any sales, use, excise, income, gross receipts, property or other taxes, whether levied against you, the Aira Fitness Business or your assets, or on us, in connection with the business you conduct, or on any payments you make to us pursuant to this Agreement or any franchise agreement, including but not limited to royalty fees (except for our own income taxes).
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, neither Aira Fitness nor the franchisee is authorized to make any agreements, warranties, guarantees, or representations, either expressed or implied, that are not explicitly authorized by the franchise agreement. This means that any promises or assurances made outside of the official agreement are not binding on either party.
This provision protects Aira Fitness from being held liable for any unauthorized claims or promises made by franchisees. It also ensures that franchisees understand the scope of their authority and do not misrepresent the franchise relationship. Franchisees are explicitly responsible for their own agreements, representations, and warranties.
Furthermore, Aira Fitness will not be held liable for any damages to any person or property that arise directly or indirectly from the franchisee's construction, development, or operation of their Aira Fitness Business. This holds true regardless of whether the damages are caused by negligence or willful action or failure to act by the franchisee, owners, managers, employees, or agents. This clause emphasizes the franchisee's responsibility for their business operations and any associated liabilities.
This section of the FDD also clarifies that Aira Fitness is not responsible for the franchisee's tax liabilities. The franchisee is responsible for all sales, use, excise, income, gross receipts, property, or other taxes related to their business, assets, or payments made to Aira Fitness, except for Aira Fitness's own income taxes.