What constitutes 'Confidential Information' according to the Aira Fitness agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Marks. Any right to use the Marks is granted under the individual franchise agreements executed by you in connection with this Agreement. You must not use the Marks, or any portion of any Mark or any name confusingly similar to any Mark as part of your business entity name.
- 6.2 Confidential Information. For purposes of this Agreement, the term "Confidential Information" means and includes, without limitation, all member information and information concerning prospective and former members (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 Center.
- 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.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, 'Confidential Information' encompasses a broad range of data and knowledge critical to the operation of the franchise. This includes all member information, such as contact details and payment information, pertaining to both current and former members. This data is typically stored in management software and processed through payment systems.
Furthermore, 'Confidential Information' extends to all proprietary information detailed in the Aira Fitness operations manual, as well as any information communicated in writing, verbally, or through online channels. This includes any knowledge or know-how related to the operational methods of the Aira Fitness business. Franchisees are obligated to treat this information as confidential and can only disclose it to employees who require access to it for business operations.
The franchise agreement emphasizes that all Confidential Information, including Member Information, remains the exclusive property of Aira Fitness. Franchisees must maintain the confidentiality of these details, avoid duplicating materials containing such information, and only use it for operating their Aira Fitness Business. This obligation extends beyond the termination or expiration of the franchise agreement. Franchisees must also ensure that their general manager and any employees with access to Confidential Information sign a non-disclosure and confidentiality agreement, providing a copy to Aira Fitness upon request.
However, the restrictions on disclosure and use of Confidential Information do not apply to information generally known and used in the fitness industry, provided that its availability is not due to a disclosure by the franchisee. Additionally, disclosure of Confidential Information is permitted in legal proceedings if legally required, provided that Aira Fitness is given the opportunity to obtain a protective order or assurance of confidentiality.