What does the Aira Fitness agreement require regarding the confidentiality of Confidential Information after the agreement term?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
cknowledge and agree that the Manual and other system communications may only be available on the Internet or other online or computer communications.
- H. Confidential Information. You may not, during the term of this Agreement or thereafter, communicate, divulge or use for the benefit of any other person or entity any Confidential Information, except to such employees as must have access to it in order to operate the Aira Fitness Business. For purposes of this Agreement, "Confidential Information" means and includes, without limitation, all member information, contact information, and payment information concerning prospective and former members, without limitation, from management software, payment processors or otherwise (collectively, "Member Information"), and all proprietary information contained in the Manual or otherwise communicated to you in writing, verbally or through the internet or other online or computer communications, and any other knowledge or know-how concerning the methods of operation of the Aira Fitness Business. You hereby acknowledge and agree that all Confidential Information, including Member Information, belongs exclusively to us. You and each Owner agree to maintain the confidentiality of all Confidential Information, including Member Information, not to duplicate any materials containing Confidential Information, including Member Information, and not to divulge any Confidential Information, except to other franchisees and to your employees and professional advisors on a need to know basis. You may use the Confidential Information, including Member Information, only for the purpose of operating the Aira Fitness Business. This provision will survive the transfer, expiration or termination of this Agreement. You must cause your general manager and any employee with access to Confidential Information, including Member Information, to sign a nondisclosure and confidentiality agreement in a form satisfactory to us. You must provide a copy of each such agreement to us to us upon our request.
- J. Compliance with Standards and Specifications; Participation in Joint Advertising Campaigns and Endorsements. You further agree to comply with all required System specifications, standards and operating procedures (whether contained in the Manual or any other written communication) relating to the appearance, function, cleanliness, operation and promotion of an Aira Fitness Business including, without limitation (i) sales and marketing procedures and customer service; (ii) advertising and promotional programs; (iii) member loyalty and rewards programs; (iv) layout, décor and color scheme of the Aira Fitness Business; (v) appearance and dress of employees; (vi) safety, maintenance, appearance, cleanliness, sanitation, standards of service, and operation of the Aira Fitness Business;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are obligated to maintain the confidentiality of proprietary information both during and after the term of the franchise agreement. This means that even after the agreement expires or is terminated, the franchisee cannot communicate, divulge, or use any Confidential Information for the benefit of any other person or entity, except to employees who need access to it to operate the Aira Fitness Business.
Confidential Information includes, but is not limited to, all member information (contact and payment details of prospective and former members) and all proprietary information contained in the Aira Fitness operations manual or otherwise communicated to the franchisee. Aira Fitness emphasizes that all Confidential Information, including Member Information, belongs exclusively to them. Franchisees must also ensure that their general manager and any employee with access to Confidential Information sign a non-disclosure and confidentiality agreement.
This confidentiality provision survives the transfer, expiration, or termination of the Aira Fitness franchise agreement, reinforcing the enduring nature of this obligation. However, the restrictions on disclosure and use of Confidential Information do not apply to information generally known and used in the fitness industry (unless the availability is due to the franchisee's disclosure) or to disclosures required in legal proceedings, provided Aira Fitness is given the opportunity to obtain a protective order.