Does the Aira Fitness agreement grant me any ownership interest in the Confidential Information?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.3 Non-disclosure Agreement. You agree that your relationship with us does not vest in you any interest in the Confidential Information other than the right to use it in the development of Aira Fitness Centers under this Agreement, and that the use or duplication of the Confidential Information in any other business would constitute an unfair method of competition, a breach of this Agreement and copyright infringement. You acknowledge and agree that the Confidential Information belongs to us and our affiliate, is proprietary information, and may contain trade secrets belonging to us and our affiliate and is disclosed to you or authorized for your use solely on the condition that you agree, and you therefore do agree herein, that you: (1) will not use the Confidential Information during and after the term of this Agreement in any other business or capacity; (2) will maintain the absolute confidentiality of the Confidential Information during and after the term of this Agreement; (3) will not make unauthorized copies of any portion of the Confidential Information disclosed in written form; and (4) will adopt and implement all reasonable procedures we may prescribe from time to time to prevent unauthorized use or disclosure of the Confidential Information, including restrictions on disclosure to your employees and the use of non-disclosure and/or non-competition agreements we may prescribe for your employees who have access to the Confidential
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees do not acquire any ownership interest in the Confidential Information. The agreement specifies that the relationship between Aira Fitness and its franchisees does not grant franchisees any rights to the Confidential Information beyond the right to use it for developing Aira Fitness Centers under the franchise agreement.
The FDD emphasizes that the Confidential Information belongs exclusively to Aira Fitness and its affiliates. Franchisees acknowledge that the Confidential Information is proprietary and may contain trade secrets. Therefore, franchisees are only authorized to use this information under the specific conditions outlined in the franchise agreement.
This means that franchisees must maintain the confidentiality of the information both during and after the term of the agreement. They are prohibited from using the Confidential Information in any other business or capacity and must prevent unauthorized copies or disclosure. This is a standard practice in franchising, as the franchisor needs to protect its proprietary information and maintain a competitive advantage.