What happens if the mediator does not have a standard confidentiality agreement for Aira Fitness mediation?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
Based on the 2025 Aira Fitness Franchise Disclosure Document, the document does not specify what happens if the mediator does not have a standard confidentiality agreement. However, the FDD does discuss confidentiality in the context of operating the Aira Fitness business. Franchisees are required to maintain the confidentiality of all confidential information, including member information, and to ensure that their general manager and any employee with access to confidential information sign a non-disclosure and confidentiality agreement in a form satisfactory to the franchisor. The franchisee must also provide a copy of each such agreement to the franchisor upon request.
Given the emphasis on confidentiality throughout the franchise agreement, it is reasonable to assume that Aira Fitness would expect any mediator involved in dispute resolution to adhere to a strict confidentiality standard. However, the FDD does not explicitly address the scenario where a mediator lacks a standard confidentiality agreement.
A prospective Aira Fitness franchisee should clarify with the franchisor during their due diligence process what specific procedures or requirements are in place to ensure confidentiality during mediation, particularly if the mediator does not have a standard agreement. This would help the franchisee understand their obligations and protect the confidential information of the Aira Fitness business.