Does the Augusta Lawn Care sample confidentiality agreement specify any exceptions to the restrictions on using the Intellectual Property?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Knowhow and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing and/or operation of an Augusta Lawn Care Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies and information comprising the System and the Manual.
You further agree that you will not use the Intellectual Property for any purpose other than the performance of your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
You agree: (i) you will not use the Knowhow in any business or capacity other than Augusta Lawn Care Business operated by Franchisee; (ii) you will maintain the confidentiality of the Know-how at all times; (iii) you will not make unauthorized copies of documents containing any Know-how; (iv) you will take such reasonable steps as we may ask of you from time-to-time to prevent unauthorized use or disclosure of the Know-how; and (v) you will stop using the Know-how immediately if you are no longer an officer, director, employee or independent contractor of Franchisee.
7.4.2.2 Artificial Intelligence
You will not, without our written consent, utilize any generative artificial intelligence software, tools, or technologies, including natural language processing, deep learning algorithms, or machine learning models ("Generative AI") directly or indirectly in the operation of the Franchised Business, including without limitation, in advertising, promotion, or marketing of the Franchised Business, communications with customers, business planning, analysis or optimization, or in any social media. You acknowledge and agree not to upload or share any Confidential Information (including any inputs of information containing trade secrets, sensitive confidential information, or personal information) with any unapproved third-party platforms, including Generative AI, except as authorized in writing by us. In addition, you shall prohibit your employees from using any Confidential Information in Generative AI. In the event you utilize any Generative AI, with or without prior approval from us, you shall comply with all laws applicable to such use, including
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the sample confidentiality agreement outlines specific exceptions regarding the use of intellectual property. The agreement states that individuals can use the intellectual property for performing their duties for the Augusta Lawn Care franchisee and within the scope of their employment or engagement with the franchisee. This means that while associated with the franchise, employees or independent contractors can utilize the brand's intellectual property to fulfill their job responsibilities.
However, the agreement strictly prohibits using the Know-how in any business or capacity other than the Augusta Lawn Care Business operated by the Franchisee. It also mandates maintaining the confidentiality of the Know-how at all times and prevents making unauthorized copies of documents containing any Know-how. Furthermore, individuals must take reasonable steps to prevent unauthorized use or disclosure of the Know-how and must immediately cease using it if they are no longer associated with the Franchisee.
Additionally, the confidentiality agreement includes a clause addressing the use of generative artificial intelligence (AI). Franchisees are prohibited from using generative AI software, tools, or technologies in the operation of the franchised business without written consent from Augusta Lawn Care. This restriction extends to advertising, promotion, marketing, customer communications, business planning, and social media. The agreement also prohibits uploading or sharing confidential information with unapproved third-party platforms, including generative AI, unless authorized in writing by Augusta Lawn Care. This clause aims to protect the brand's confidential information and intellectual property in the context of emerging technologies.