Does the definition of 'Confidential Information' for Aira Fitness include information about prospective members?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
wever, we shall determine what, if any, initial training at our headquarters will be required of your Owners and managers in connection with the second or any subsequent Franchise Agreements.
- (c) You shall comply with the non-disclosure and non-competition obligations under Section 6 of this Agreement.
6. PROPRIETARY MARKS/CONFIDENTIAL INFORMATION
- 6.1 Notwithstanding any provision to the contrary under this Agreement, it is understood and agreed that under this Agreement we do not grant you any right to use the 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. 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;
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Confidential Information includes data regarding prospective members. The FDD defines "Confidential Information" to include all member information and information concerning prospective and former members. This information is collectively referred to as "Member Information."
This means that as a franchisee, you are obligated to protect any data related to potential Aira Fitness members. This obligation extends to all proprietary information contained in the Aira Fitness 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.
The Franchise Agreement specifies that the relationship between the franchisee and Aira Fitness does not grant the franchisee any interest in the Confidential Information other than the right to use it in the development of Aira Fitness Centers under the Agreement. The use or duplication of the Confidential Information in any other business would constitute an unfair method of competition, a breach of the Agreement, and copyright infringement.
Therefore, franchisees must maintain the absolute confidentiality of all such information during and after the term of the Franchise Agreement. Franchisees must also implement reasonable procedures to prevent unauthorized use or disclosure of the Confidential Information, including restrictions on disclosure to employees and the use of non-disclosure and/or non-competition agreements for employees who have access to the confidential information.