Under what circumstances is the Aira Fitness franchisee required to reimburse Franchisor's Affiliate for attorney's fees?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
s, 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). You agree to indemnify, defend and hold us, our affiliates, and our and our affiliates' shareholders, directors, officers, employees, agents and transferees, harmless against and to reimburse us for: (1) all such obligations, damages, and taxes for which we are held liable and for all costs we reasonably incur in the defense of any such claim brought against us or in any such action in which we are named as a party; (2) any liability, cost or expense we suffer, sustain or incur arising out of or relating to your development and/or operation of your Aira Fitness Business or any of your Owners', managers', employees', or other agents' acts or failure to act in connection therewith; and (3) all cost, expense or loss we incur in enforcing the provisions of this Agreement, in defending our actions taken relating to this Agreement, or resulting from
your breach of this Agreement. This indemnification includes without limitation actual and consequential damages, reasonable arbitrators', attorneys', accountants' and expert witness fees (including those for appeal), costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses. We have the right to defend any such claim against us.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees may be required to reimburse the Franchisor's Affiliate for attorney's fees under specific circumstances related to indemnification. The franchisee agrees to indemnify, defend, and hold harmless Aira Fitness, its affiliates, and their respective shareholders, directors, officers, employees, agents, and transferees.
This indemnification extends to reimbursing Aira Fitness for all obligations, damages, and taxes for which they are held liable, as well as all costs reasonably incurred in defending any claim brought against them or in any action in which they are named as a party. This also includes any liability, cost, or expense Aira Fitness incurs arising out of or relating to the franchisee's development and/or operation of their Aira Fitness Business, or the acts or failures to act of the franchisee's owners, managers, employees, or other agents.
Furthermore, the franchisee is responsible for all costs, expenses, or losses Aira Fitness incurs in enforcing the provisions of the Franchise Agreement, defending actions taken relating to the agreement, or resulting from the franchisee's breach of the agreement. This indemnification includes actual and consequential damages, reasonable arbitrators', attorneys', accountants', and expert witness fees (including those for appeal), costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The franchisee's indemnification obligations continue even after the expiration or termination of the Franchise Agreement.