Does the Aira Fitness franchise agreement require franchisees to have their employees sign non-disclosure agreements?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
d the use of non-disclosure and/or non-competition agreements we may prescribe for your employees who have access to the Confidential
| AIRA FITNESS | | | |---------------------|-------|--------------------| | MUDA 2025 | - 5 - | | | FRANCHISOR INITIALS | | DEVELOPER INITIALS |
Information. Upon our request, you must provide us with copies of signed non-disclosure and/or noncompetition agreements signed by any Owners, managers or employees. The restrictions on your disclosure and use of the Confidential Information will not apply to the following: (a) information, processes, or techniques which are generally known and used in the fitness industry (as long as the availability is not because of a disclosure by you) and (b) disclosure of the Confidential Information in legal proceedings when you are legally required to disclose it and you have first given us the opportunity to obtain an appropriate legal protective order or other assurance satisfactory to us that the information required to be disclosed will be treated confidentially.
6.4 In-Term Non-Competition Agreement.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees may be required to have their employees sign non-disclosure agreements. Specifically, Aira Fitness can request that franchisees provide copies of signed non-disclosure agreements from owners, managers, or employees. This indicates that while not explicitly mandated in all cases, Aira Fitness retains the right to enforce this requirement.
This provision allows Aira Fitness to protect its confidential information and maintain consistency across its franchise network. Confidential information includes any information franchisees receive access to as a result of the franchise agreement. This information is protected during the term of the agreement and even after it ends. Franchisees must take reasonable efforts to keep this information secret and confidential.
However, the restrictions on disclosure do not apply to information generally known in the fitness industry, unless the information became available due to a franchisee's disclosure. Additionally, franchisees can disclose confidential information if legally required in legal proceedings, provided Aira Fitness has the opportunity to obtain a protective order to ensure confidentiality.
Furthermore, Aira Fitness can require individuals such as owners, officers, directors, members, managers, partners, and holders of ownership interest to sign a non-compete agreement in a form satisfactory to them. This agreement would contain non-compete provisions, further safeguarding Aira Fitness's business interests.