What is a Bor Restoration franchisee required to do to maintain the confidentiality of the System?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
The "System" is our proprietary, confidential, and trade secret information. The System includes, without limitation, the trademarks, service marks, and logos (Marks); the manner and method of training that we deliver to you; the operations manuals (which may be in paper or electronic format and may be changed and updated by paper or electronic notices including email and texts - "Franchisee Manuals"), standards, and procedures that you will use in the day-to-day operation of the Business; any copyrighted, trade secret or confidential information owned by us, including this FDD, the Franchise Agreement, and the Franchisee Manuals; and all other copyrighted, trade secret or confidential information owned by us. You must operate under our System. The right to operate in your Exclusive Territory and elsewhere (Item 12), the names and contact information of all of your Clients, and the right to provide Services offered by the Franchise Agreement are also our sole and exclusive property (Item 14).
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, the "System" is proprietary, confidential, and a trade secret. This System encompasses Bor Restoration's trademarks, service marks, and logos, the training methods, operations manuals, standards, procedures, copyrighted material, trade secrets, and confidential information. This includes the FDD itself, the Franchise Agreement, and the Franchisee Manuals.
As a Bor Restoration franchisee, you are obligated to operate under this System. The right to operate within your exclusive territory, client names and contact information, and the right to provide services are all the sole and exclusive property of Bor Restoration. This means you must protect and not misuse or disclose any aspect of the System.
In practical terms, this means a franchisee must not share the operations manuals or training materials with unauthorized parties, must adhere to the brand standards, and must protect client lists and other proprietary information. Failure to maintain the confidentiality of the System could result in a breach of the Franchise Agreement and potential legal consequences.