Under what conditions can I disclose Aira Fitness Confidential Information in legal proceedings?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are generally prohibited from disclosing Confidential Information. However, there is an exception for legal proceedings.
The restrictions on disclosing and using Confidential Information do not apply if a franchisee is legally required to disclose it in legal proceedings. However, before disclosing, the franchisee must first give Aira Fitness the opportunity to obtain a legal protective order or another assurance that satisfies Aira Fitness that the information will be treated confidentially.
This means that if a court or other legal authority compels an Aira Fitness franchisee to reveal Confidential Information, they can do so, but only after notifying Aira Fitness and allowing them to take steps to protect the confidentiality of the information. This is a fairly standard clause in franchise agreements, intended to balance the franchisee's legal obligations with the franchisor's need to protect its proprietary information.