What information is specifically excluded from the definition of 'Proprietary Information' for a Body20 franchise?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
"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, 'Proprietary Information' encompasses trade secrets, know-how, and confidential details about the Body20 system, business operations, franchisee practices, vendor relationships, sessions, and studio management. This includes site selection, operational methods, marketing strategies, supplier information, performance data of other studios, and customer programs.
However, the definition of 'Proprietary Information' for a Body20 franchise specifically excludes certain types of information. This exclusion applies to information that is already in the public domain or becomes publicly available without any fault on the franchisee's part. It also excludes information that the franchisee receives from a third party who has the legal right to possess and disclose it without restrictions.
Finally, the definition excludes information that the franchisee can clearly prove they already legally possessed without any restrictions before discussions about the franchise sale even began. This ensures that franchisees are not unduly restricted from using information they legitimately had prior to entering the franchise agreement.