Under what state's laws is the Aira Fitness agreement governed and interpreted?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 1051 et. seq.), and except that all issues relating to arbitrability or the enforcement or interpretation of the agreement to arbitrate set forth in this Section shall be governed by the United States Arbitration Act (9 U.S.C.
Section 1 et seq) and the federal common law relating to arbitration, this Agreement and the franchise shall be governed by the internal laws of the State of Illinois (without reference to its choice of law and conflict of law rules), except that the provisions of any franchise law of such state shall not apply unless the jurisdictional requirements ofsaid law have been met independently of this provision.
You agree that we may institute any action against your arising out of or relating to this Agreement, which is not required to be arbitrated under this Agreement or as to which arbitration has been waived by the parties, in any state or federal court of jurisdiction located in the State of Illinois and Franchisee irrevocably submits to the exclusive jurisdiction or venue of such courts.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, the franchise agreement and the franchise itself are governed by the internal laws of the State of Illinois. This is without regard to Illinois's choice of law and conflict of law rules. However, if any franchise law jurisdictional requirements are met independently of this provision, then the provisions of that franchise law will apply.
Specifically, this applies to all aspects of the agreement except for issues relating to arbitrability or the enforcement or interpretation of the agreement to arbitrate. Those particular issues are governed by the United States Arbitration Act and the federal common law relating to arbitration.
The FDD also states that Aira Fitness may bring legal action against the franchisee in any state or federal court located in Illinois for issues not subject to arbitration, and the franchisee consents to the exclusive jurisdiction and venue of those courts.