What are some examples of Proprietary Information that Body20 franchisees receive?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, franchisees gain access to proprietary information crucial for operating their studios. This information, disclosed either orally or in writing, encompasses trade secrets, know-how, and confidential details related to the Body20 system, the business itself, franchisee operations, vendor relationships, Body20 sessions, and the construction, management, operation, or promotion of the studio.
Specific examples of proprietary information include site selection criteria and methodologies, operational methods, system standards, sales and marketing techniques, and the knowledge and experience used in developing and running Body20 studios. Franchisees also receive marketing research, promotional materials, advertising strategies, public relations approaches, customer relationship management techniques, and other brand-related resources. Furthermore, they gain insights into the specifications for and suppliers of certain items used or sold in the studios, along with methods for ordering these items.
Body20 franchisees also receive knowledge of the operating results and financial performance of other studios, which can be valuable for benchmarking and understanding potential performance. Customer communication and retention programs, along with the data generated from these programs, are also considered proprietary information. Additionally, any other information that Body20 reasonably designates as confidential or proprietary from time to time falls under this category. Franchisees are obligated to protect this information and can only disclose it to professional advisors and employees to the extent necessary for operating the studio.