What must an Aira Fitness franchisee do if they learn about an unauthorized use of proprietary information?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
rs (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; (2) will maintain the absolute confidentiality of the Confidential Information during and after the term of this Agreement; (3) will not make unauthorized copies of any portion of the Confidential Information disclosed in written form;
Source: Item 14 — **PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Aira Fitness FDD, franchisees have a responsibility to protect the brand's confidential information. Confidential information includes member information and data, proprietary information found in the manual, and any knowledge related to the Aira Fitness center's operational methods.
Specifically, if a franchisee becomes aware of unauthorized use or disclosure of confidential information, they must take certain actions. Franchisees must adopt and implement all reasonable procedures that Aira Fitness may prescribe from time to time to prevent unauthorized use or disclosure of the confidential information. These procedures may include restrictions on disclosure to employees and the use of non-disclosure and/or non-competition agreements that Aira Fitness may prescribe for employees who have access to the confidential information.
Furthermore, franchisees must ensure that their general manager and any employee with access to confidential information sign a nondisclosure and confidentiality agreement in a form satisfactory to Aira Fitness. Franchisees are also required to provide a copy of each such agreement to Aira Fitness upon request. These measures are designed to safeguard Aira Fitness's proprietary assets and maintain a competitive advantage.