Does the waiver prohibition apply to claims of fraud in the inducement for Aira Fitness?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
e Act or any other law of Illinois is void.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
By reading this disclosure document, you are not agreeing to, acknowledging, or making any representations whatsoever to the Franchisor and its affiliates.
ADDENDUM TO THE AIRA FITNESS FRANCHISE AGREEMENT FOR THE STATE OF ILLINOIS
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- Payment of Initial Franchise/Development Fees will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business.
Source: Item 22 — **CONTRACTS (FDD page 59)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, specifically the addendum for franchisees in Illinois and New York, certain waivers are prohibited. For franchisees in Illinois, any condition that requires them to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. Furthermore, no statement signed by a franchisee at the start of the franchise relationship can waive claims under applicable state franchise law, including claims of fraud in the inducement. This provision overrides any other conflicting terms in the franchise documents.
Similarly, for franchisees in New York, the addendum to the Multi-Unit Development Agreement states that no statement can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on behalf of the franchisor. This provision also supersedes any other conflicting term in any document related to the franchise.
In practical terms, these clauses protect franchisees in Illinois and New York by ensuring they retain their legal rights to pursue claims of fraud in the inducement, regardless of any waivers they may have signed. This means that if an Aira Fitness franchisee in these states believes they were fraudulently induced into signing the franchise agreement, they can still bring a legal claim without being barred by a waiver. This protection is a significant benefit for franchisees, as it allows them to seek legal recourse if they believe they were misled during the franchise sales process.