What are the requirements for the confidentiality and non-disclosure agreement that Basecamp Fitness requires?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not impose any limitations on whom you can hire as your Principal Operator, but that person must complete our initial training requirements and all other training we reasonably designate, and that person along with your studio and fitness manager must sign a confidentiality and non-disclosure agreement with you that meets our requirements and that you provide to us before they attend training.
You will obtain from your Principal Operator and your studio and fitness manager (and all other persons performing similar functions, regardless their title), a Confidentiality Agreement, enforceable by us, and in such form as we approve, in which they agree, among others, to maintain in confidence all confidential information and trade secrets we provide to them, and not to use any of the Names and Marks except in the performance of their duties in the Basecamp business.
At our request, you must deliver to us confidentiality agreements and non-compete agreements in a form satisfactory to us signed by your owners and the spouses of your owners. All of your managers must sign confidentiality agreements. The scope of the confidentiality agreements shall be consistent with the provisions of this Section 10.A, and the scope of the noncompete agreements shall be consistent with the provisions of Section 17 of this Agreement. For the avoidance of doubt, you may not use any such confidential information for the purpose of machine learning, augmented human intelligence development, training any artificial intelligence ("AI") model, algorithm improvement, or similar data aggregation activities without our express written consent. Such uses shall not be deemed related to the performance of this Agreement and are expressly prohibited. You shall not, without our prior written consent, input any such confidential information into any generative AI platform, or disclose such information to any provider or source of generative AI services. You shall opt out of allowing any provider or source of generative AI to utilize confidential information for training of any AI model or for other purposes.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 50–51)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, franchisees are required to ensure that their Principal Operator, studio manager, and fitness manager sign a confidentiality and non-disclosure agreement. This agreement must meet Basecamp Fitness's requirements and be provided to them before these individuals attend training. Additionally, franchisees must obtain a Confidentiality Agreement from their Principal Operator, studio and fitness manager (and all other persons performing similar functions, regardless their title), enforceable by Basecamp Fitness, and in such form as Basecamp Fitness approves.
The agreement should ensure that these individuals maintain the confidentiality of all confidential information and trade secrets provided to them by Basecamp Fitness. They are also prohibited from using any of the Names and Marks of Basecamp Fitness, except when performing their duties for the Basecamp Fitness business.
Furthermore, Basecamp Fitness specifies that at their request, franchisees must deliver confidentiality and non-compete agreements in a form satisfactory to them, signed by the owners and their spouses. The scope of these confidentiality agreements must align with the provisions outlined in Section 10.A of the agreement, while the scope of the non-compete agreements should be consistent with Section 17.
Basecamp Fitness also explicitly prohibits the use of confidential information for machine learning, augmented human intelligence development, training any artificial intelligence ("AI") model, algorithm improvement, or similar data aggregation activities without their express written consent. Franchisees are not allowed to input confidential information into any generative AI platform or disclose it to any provider of generative AI services and must opt out of allowing any provider or source of generative AI to utilize confidential information for training of any AI model or for other purposes.