What does Canopy Lawn Care consider to be its Confidential Information and Trade Secrets?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
(d) "Confidential Information" means all knowledge, know-how, standards, formulas, methods and procedures related to the establishment and operation of the Business and use of the System, and includes all records pertaining to customers, suppliers, and other service providers of, and/or related in any way to, the Business including, without limitation, all databases (whether in print, electronic or other form), all names, addresses, phone numbers, e-mail addresses, customer purchase records, mail lists, manuals, promotional and marketing materials, marketing strategies and any other data and information which Franchisor or its Affiliates designates as confidential, including without limitation all information contained in Franchisor's Manual, which may be provided as one or more separate manuals, written instructional guides, CD Rom, electronic formats, via the Franchisor's intranet system, or other communications from Franchisor or its affiliates, which Franchisor has the right to periodically change or supplement.
(l) "Trade Secret(s)" means information, including a formula, pattern, compilation, program, device, method, technique or process related to the System that both derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
14. CONFIDENTIAL INFORMATION AND RESTRICTIVE COVENANTS
14.1 Confidential Information. Franchisee acknowledges and agrees that:
- (a) Franchisee's entire knowledge of the operation of the Business, the System, and the concepts and methods of promotion licensed hereunder that it has now or obtains in the future is derived from Franchisor's Confidential Information and Trade Secrets. Franchisee further acknowledges and agrees that all of the Confidential Information and Trade Secrets are the sole property of Franchisor, represent valuable assets of Franchisor and that Franchisor has the right to use the Confidential Information and Trade Secrets in any manner it wishes at any time.
- (b) During the Initial Term and any Interim Period, Franchisee, and Franchisees' owners, Designated Business Managers, and employees who have access to the Confidential Information and Trade Secrets agree that they: (1) will not use the Confidential Information or Trade Secrets in any other business or capacity or for their own benefit; (2) will maintain the absolute confidentiality of the Confidential Information and Trade Secrets; (3) will not make unauthorized copies of any portion of the Confidential Information and Trade Secrets; and (4) will adopt and implement all reasonable procedures Franchisor periodically requires to prevent unauthorized use or disclosure of the Confidential Information and Trade Secrets including requiring employees, Designated Business Managers, training class attendees, and Franchisee owners who have access to the Confidential Information and Trade Secrets to execute such nondisclosure and noncompetition agreements as Franchisor may require periodically, and provide Franchisor, at Franchisor's request, with signed copies of each of those agreements. Franchisor will be designated as a third party beneficiary on such nondisclosure and noncompetition agreements.
Source: Item 22 — CONTRACTS (FDD page 55)
What This Means (2025 FDD)
According to Canopy Lawn Care's 2025 Franchise Disclosure Document, Confidential Information includes all knowledge, know-how, standards, formulas, methods, and procedures related to the establishment and operation of the Lawn Care Business and the use of its System. This encompasses all records pertaining to customers, suppliers, and other service providers, including databases in any format, names, addresses, phone numbers, email addresses, customer purchase records, mail lists, manuals, promotional and marketing materials, and marketing strategies. Any data and information that Canopy Lawn Care or its affiliates designate as confidential, including all information in the Manual, is also considered Confidential Information. The manual may be provided as written instructional guides, CD-ROMs, electronic formats, or via the Franchisor's intranet system. Canopy Lawn Care has the right to periodically change or supplement the manual.
Trade Secrets are defined as information related to the System, including formulas, patterns, compilations, programs, devices, methods, techniques, or processes. This information derives independent economic value from not being generally known or easily ascertainable by others who could gain economic value from its disclosure or use. Canopy Lawn Care must also make reasonable efforts to maintain the secrecy of this information.
Canopy Lawn Care emphasizes that a franchisee's entire knowledge of the business's operation, the System, and the methods of promotion are derived from Canopy Lawn Care's Confidential Information and Trade Secrets. These are the sole property of Canopy Lawn Care and represent valuable assets. Franchisees acknowledge Canopy Lawn Care's right to use this information in any manner at any time. Franchisees, their owners, designated business managers, and employees with access to this information must maintain absolute confidentiality, avoid unauthorized copies, and implement procedures to prevent unauthorized use or disclosure. This includes executing non-disclosure and non-competition agreements, where Canopy Lawn Care is designated as a third-party beneficiary.