Under what conditions can the existence of an Aira Fitness arbitration be disclosed?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Information. Upon our request, you must provide us with copies of signed non-disclosure and/or noncompetition agreements signed by any Owners, managers or employees. 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 the 2025 Aira Fitness Franchise Disclosure Document, franchisees are generally restricted from disclosing confidential information. However, there is an exception that allows for the disclosure of confidential information, including details about legal proceedings such as arbitrations, under specific circumstances.
Specifically, a franchisee may disclose confidential information in legal proceedings if they are legally required to do so. However, before disclosing such information, the franchisee must first provide Aira Fitness with the opportunity to obtain a legal protective order or another assurance that the information will be treated confidentially. This ensures that Aira Fitness has a chance to protect its confidential information even when disclosure is legally mandated.
This condition balances the franchisee's legal obligations with Aira Fitness's need to protect its proprietary information. It is a fairly standard practice in franchising to include clauses that protect the franchisor's confidential information while also allowing franchisees to comply with legal requirements.