What constitutes 'Confidential Information' according to the Aira Fitness franchise agreement?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Confidential Information is broadly defined within the franchise agreement. It encompasses all member information, including data on prospective, current, and former members, which includes contact and payment details obtained from management software and payment processors. This is collectively referred to as "Member Information."
Confidential Information also includes all proprietary information found within the Aira Fitness operations manual, as well as any information communicated in writing, verbally, or through online means. This extends to any knowledge or know-how related to the operational methods of the Aira Fitness Business.
The franchise agreement emphasizes that all Confidential Information belongs exclusively to Aira Fitness. Franchisees and owners must maintain the confidentiality of this information, avoid duplicating materials containing it, and not disclose it, except to other franchisees, employees, and professional advisors who need access for operational purposes. Franchisees are permitted to use Confidential Information solely for operating their Aira Fitness Business. This obligation to protect Confidential Information survives any transfer, expiration, or termination of the franchise agreement. Furthermore, franchisees must ensure that their general manager and any employees with access to Confidential Information sign a non-disclosure and confidentiality agreement in a form satisfactory to Aira Fitness.