What is an Aira Fitness franchisee's obligation regarding the use of Confidential Information after the termination of the franchise agreement?
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 the 2025 Aira Fitness Franchise Disclosure Document, franchisees are obligated to maintain the confidentiality of certain information even after the franchise agreement terminates. Specifically, franchisees cannot communicate, divulge, or use Confidential Information for the benefit of any other person or entity. This restriction extends beyond the term of the agreement.
Confidential Information includes, but isn't limited to, member information (contact and payment details of prospective and former members) and proprietary information contained in the Aira Fitness operations manual or communicated to the franchisee in writing, verbally, or through online communications. It also encompasses any knowledge or know-how related to the operational methods of the Aira Fitness business. All such Confidential Information belongs exclusively to Aira Fitness.
This obligation survives the transfer, expiration, or termination of the Franchise Agreement, meaning that even after a franchisee leaves the Aira Fitness system, they are still legally bound to protect this information. Furthermore, Aira Fitness requires franchisees to ensure that their general manager and any employee with access to Confidential Information sign a non-disclosure and confidentiality agreement, a copy of which must be provided to Aira Fitness upon request. This highlights the importance Aira Fitness places on safeguarding its proprietary and customer-related information.