What is considered Bor Restoration's proprietary information?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
- b. "Proprietary Information" includes (i) Persons that are, have been, or become franchisees; (ii) Persons that are, have been, or become Clients of the Business; (iii) the terms of and negotiations relating to past or current franchise agreements; (iv) each component of the System; (v) the economic and financial characteristics of the System including, pricing policies and schedules, profitability, earnings and losses, and capital and debt structures; (vi) the Services and products offered to Clients of the Business; (vii) the Client Lists; (viii) any common law or statutory copyrighted materials and the protection afforded thereby; (ix) the Franchisee Manuals; (x) the Marks; and (xi) all of the electronic information assigned to us under Exhibit 5. Our Proprietary Information may be added to and revised from time to time in our sole discretion.
- c. In consideration of the time and effort that we have put into the System and its goodwill, and for other valuable consideration, you agree that we retain ownership and control of your Client List. You may use the Client List only in conjunction with the operation of the Franchised Business. Upon a
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 31–32)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, proprietary information includes various elements critical to the operation of the franchise. This encompasses knowledge of proprietary matters, techniques, and business procedures essential for effectively running the business. Bor Restoration considers the methods of operation unique and novel to their system.
Specifically, Bor Restoration defines proprietary information as (i) current, past, and future franchisees, (ii) current, past, and future clients of the business, (iii) terms and negotiations related to franchise agreements, (iv) each component of the System, (v) the economic and financial characteristics of the System including, pricing policies and schedules, profitability, earnings and losses, and capital and debt structures, (vi) the Services and products offered to Clients of the Business, (vii) the Client Lists, (viii) any common law or statutory copyrighted materials and the protection afforded thereby, (ix) the Franchisee Manuals, (x) the Marks, and (xi) all of the electronic information assigned to us under Exhibit 5.
Bor Restoration retains ownership and control of the client list, allowing franchisees to use it only for operating their franchised business. The franchisor may add to and revise its proprietary information at its sole discretion. As a franchisee, you are restricted from using Bor Restoration’s name, marks, copyrighted information, or other proprietary information on any checks, employee records, employee applications, employee handbooks, or other items that are delivered to the employee without express written permission.