Is an Aira Fitness franchisee allowed to use Confidential Information for purposes other than operating the Aira Fitness Business?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are explicitly restricted in how they can use confidential information. The franchise agreement states that during the term of the agreement and even after it ends, franchisees cannot communicate, divulge, or use confidential information for the benefit of any other person or entity. The only exception is for employees who need access to the information to operate the Aira Fitness Business. This restriction is designed to protect Aira Fitness's proprietary information and maintain a competitive advantage.
Confidential Information, as defined in the FDD, includes member information (contact and payment details of prospective and former members) and all proprietary information contained in the Manual or otherwise communicated to the franchisee. This information is considered the exclusive property of Aira Fitness. Franchisees must ensure they and their owners maintain the confidentiality of this information, avoid duplicating materials containing it, and not disclose it to anyone except other franchisees, employees, and professional advisors who need to know it for business operations.
The franchise agreement emphasizes that franchisees can only use confidential information to operate their Aira Fitness Business. This means that franchisees cannot use this information for personal gain, to start a competing business, or to benefit any other business venture. Franchisees must also ensure that their general manager and any employee with access to confidential information sign a non-disclosure and confidentiality agreement, providing a copy to Aira Fitness upon request. These measures are in place to safeguard Aira Fitness's confidential information and prevent its misuse, ensuring fair competition and protecting the brand's interests.