Does the Washington Addendum affect the Aira Fitness franchisee's rights regarding termination and renewal?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Some administrators of franchise registration states may require us to include an addendum to the Aira Fitness Franchise Disclosure Document describing certain state laws or regulations which may supersede the Franchise Disclosure Document. If you are in a registration state which requires an addendum to the Franchise Disclosure Document, it will follow this page.
AIRA FITNESS FRANCHISING, LLC ADDENDUM TO THE DISCLOSURE DOCUMENT FOR THE STATE OF HAWAII
The Aira Fitness Franchising, LLC Disclosure Document for use in the State of Hawaii is modified in accordance with the following:
- For Hawaii franchisees, the conditions under which the franchise can be terminated and rights upon nonrenewal may be affected by Hawaii Revised Statutes, Section 482E-6.
AIRA FITNESS FRANCHISING LLC ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF ILLINOIS
Payment of Initial Franchise/Development Fees will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to Franchisor's financial condition.
Illinois law governs the Franchise Agreement and Multi-Unit Development Agreement. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
Based on the 2025 Aira Fitness Franchise Disclosure Document, there is no addendum included that specifically addresses the state of Washington. However, the document does include addenda for other states such as Hawaii, Illinois, North Dakota, New York, Indiana, and Virginia, which do address franchisee rights regarding termination, renewal, and other state-specific legal considerations.
For example, the Hawaii addendum states that termination and nonrenewal rights for Hawaii franchisees may be affected by Hawaii Revised Statutes, Section 482E-6. Similarly, the Illinois addendum mentions that franchisee rights upon termination and non-renewal are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act. The North Dakota addendum modifies sections of the Franchise Agreement related to renewal and transfer, ensuring that general releases upon renewal, assignment, or termination do not apply to franchises operating under the North Dakota Franchise Investment Law.
Given the absence of a Washington-specific addendum, it's crucial for prospective Aira Fitness franchisees in Washington to seek legal counsel to understand how Washington state law might affect their franchise agreement. They should also ask Aira Fitness directly about any policies or legal interpretations that apply to Washington franchisees, particularly concerning termination and renewal rights. This is a common practice in franchising, as state laws can significantly impact the franchise relationship and override certain provisions in the standard franchise agreement.