factual

Am I allowed to use Aira Fitness Confidential Information in any other business during the term of the agreement?

Aira_Fitness Franchise · 2025 FDD

Answer 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; (vii) submission of requests for approval of brands of products, supplies and suppliers; (viii) use and illumination of signs, posters, displays, standard formats and similar items; (ix) use of audio equipment and type and decibel levels of music; (x) use of video equipment and type and decibel level of television broadcasts (including closed captioning requirements); (xi) types of fixtures, furnishings, and equipment;

Source: Item 23 — **RECEIPTS (FDD pages 59–254)

What This Means (2025 FDD)

According to Aira Fitness's 2025 Franchise Disclosure Document, you are restricted from using their Confidential Information in any other business during the term of the agreement. Confidential Information includes member information (contact and payment details of prospective and former members) and proprietary information from the Manual or other communications about operating the Aira Fitness business. You can only share this information with employees who need it to operate the Aira Fitness Business. This restriction extends even after the agreement expires or terminates.

Aira Fitness considers the unauthorized use or duplication of Confidential Information in another business as unfair competition, a breach of the Franchise Agreement, and copyright infringement. The agreement specifies that you must maintain the absolute confidentiality of the Confidential Information both during and after the term of the agreement. You are also prohibited from making unauthorized copies and must implement procedures to prevent unauthorized use or disclosure, including requiring employees with access to sign non-disclosure or non-competition agreements.

These measures are in place to protect Aira Fitness's proprietary methods and member data, ensuring that franchisees do not use this information to benefit competing businesses. The FDD states that you agree that your relationship with Aira Fitness does not give you any right to the Confidential Information other than to use it in the development of Aira Fitness Centers under the Franchise Agreement. This is a standard practice in franchising to maintain brand consistency and protect trade secrets.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.