What is considered 'Proprietary Information' that Beem Light Sauna may disclose?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of your Franchise Agreement, we or our affiliates may disclose in confidence to you, either orally or in writing, certain trade secrets, know-how, and other confidential information relating to the System, our business, the businesses of our franchisees, our vendor relationships, our Sessions, or the construction, management, operation, or promotion
You may not use any Innovation in operating the Studio or otherwise without our prior approval.
Section 10 Proprietary Information.
10.1 Receipt of Proprietary Information. You acknowledge that prior to or during the Term, we may disclose in confidence to you, either orally or in writing, certain trade secrets, know-how, and other confidential information relating to the System, our business, the businesses of our franchisees, our vendor relationships, our Sessions, or the construction, management, operation, or promotion of the Studio (collectively, "Proprietary Information"), including (i) site selection criteria and methodologies; (ii) methods, formats, systems, System Standards, sales and marketing techniques, knowledge and experience used in developing and operating Studios, including information in the Manuals; (iii) marketing research and promotional, marketing, advertising, public relations, customer relationship management and other brand-related materials and programs for Studios; (iv) knowledge of specifications for and suppliers of, and methods of ordering, certain items that Studios use and/or sell; (v) knowledge of the operating results and financial performance of other Studios; (vi) customer communication and retention programs, along with data used or generated in connection with those programs; and (vii) any other information we reasonably designate from time to time as confidential or proprietary. "Proprietary Information" does not include (a) information that is part of the public domain or becomes part of the public domain through no fault of you, (b) information disclosed to you by a third party having legitimate and unrestricted possession of such information, or (c) information that you can demonstrate by clear and convincing evidence was within your legitimate and unrestricted possession when the parties began discussing the sale of the franchise.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 52–53)
What This Means (2025 FDD)
According to Beem Light Sauna's 2025 Franchise Disclosure Document, Proprietary Information includes trade secrets, know-how, and confidential information related to the System. This information can be disclosed either orally or in writing.
Specifically, Proprietary Information encompasses site selection criteria and methodologies, operational methods, formats, systems, System Standards, sales and marketing techniques, and knowledge and experience used in developing and operating Beem Light Sauna Studios. It also includes marketing research and promotional materials, advertising, public relations, customer relationship management, and other brand-related programs.
Furthermore, Proprietary Information extends to knowledge of specifications for and suppliers of items used or sold in the Studios, operating results and financial performance of other Studios, customer communication and retention programs, and any other information Beem Light Sauna designates as confidential or proprietary. However, information that is publicly available, disclosed by a third party with legitimate possession, or already in the franchisee's possession is not considered Proprietary Information.