What activities are included in establishing and communicating systems and procedures related to the development and operation of a Casiola Franchised Business?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
"Confidential Information" means all of our trade secrets, methods, techniques, procedures, data and information (as same may exist as of the Effective Date of this Agreement and as may be developed, modified and supplemented in the future) constituting and comprising: (a) methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of Casiola Businesses; (b) information concerning consumer preferences for services, products, materials and supplies used or sold by, and specifications for and knowledge of suppliers of certain materials, equipment, products, supplies and procedures used and/or sold by Casiola Businesses; (c) information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of Casiola Businesses; (d) customer lists and information related to Casiola Business; (e) Bookings and Management System Data; (f) current and future information contained in the Operations Manual; and (g) Know-How.
"Contact Center" means any and all organized communication systems and methods approved by Franchisor for communicating with property owners and end-user guest customers.
Franchisor shall provide Franchisee with access to the Operations Manual. The Operations Manual contains, as designated and determined by Franchisor, mandatory and, as applicable, suggested specifications, standards and operating procedures that Franchisor prescribes for Casiola Businesses. Franchisee shall operate the Franchised Business in strict accordance with the standards, specifications, and requirements set forth in the Operations Manual as, such standards, specifications, and requirements including, but not limited to, the Approved Services and Products, System Supplies, and, authorized and designated suppliers, as of the Effective Date of this Agreement, and, as they may be supplemented, modified, changed, and/or replaced in the future and, from time to time, by Franchisor, in Franchisor's Reasonable Business Judgment. Franchisee shall keep and maintain the confidentiality of the Operations Manual and shall keep and maintain all files, data and information contained in the Operations Manual in a secure location and/or in a protected confidential state and, as otherwise directed by Franchisor. The master copy and official version of the Operations Manual is and shall be the copy and/or version maintained and designated by Franchisor in Franchisor's ordinary course of business.
Franchisor shall provide Franchisee with reasonable notice of modifications and changes made to the Operations Manual and, such notice may take form of electronic communications including emails and, if the Operations Manual is maintained on an online web based platform, notifications within said platform. Franchisor shall provide Franchisee with a reasonable period of time, as determined by Franchisor, in Franchisor's Reasonable Business Judgment, to implement change and modifications to the as set forth in the Operations Manual. Without limitation to the foregoing, Franchisee may only offer and sell the Approved Services and Products and utilize the System Supplies as designated by Franchisor, in Franchisor's Reasonable Business Judgment, in the Operations Manual and, in accordance with the terms, specifications and requirements set forth in the Operations Manual and as Franchisor may supplement and modify the Operations Manual from time to time or, as Franchisor may otherwise designate in writing.
WHEREAS, in connection with Assignor's establishment and operation of a Casiola Business, Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement.
WHEREAS, the term "Digital Media" shall refer to and mean any interactive or static digital document, listing, directory, application, advertisement, link, metadata, or media that is transmitted within a closed or private network, or that is connected to, in communication with, and/or networked with computers, applications, or other devices linked by communications systems, data systems, a part of the world wide web including, traditional websites, online travel agencies, web based applications, distributed databases, including, blockchain, software applications, smart phone applications, or social media platforms such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, TikTok, and YouTube, that refers, references, identifies, reviews, promotes and/or relates, in any way, to a Casiola Business, Casiola Businesses, Assignor's Casiola Business and/or trademarks associated with the Casiola Business, the Casiola Business Franchise System and/or Assignee; and
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola FDD, the franchise utilizes several methods to establish and communicate its systems and procedures. These methods are considered Confidential Information and include methods, specifications, standards, policies, procedures, information, concepts, programs, and systems relating to the development, establishment, marketing, promotion, and operation of Casiola Businesses. This also extends to information regarding consumer preferences, specifications for materials, equipment, products, supplies, and procedures used by Casiola Businesses.
Casiola uses an Operations Manual to communicate mandatory and suggested specifications, standards, and operating procedures. Franchisees must operate their Franchised Business in strict accordance with the Operations Manual, which includes approved services and products, system supplies, and authorized suppliers. Casiola will provide franchisees with reasonable notice of any modifications or changes to the Operations Manual, potentially through electronic communications or notifications on an online platform. Franchisees are then given a reasonable period to implement these changes.
Furthermore, Casiola uses digital media for communication, which includes any interactive or static digital document, listing, directory, application, advertisement, link, metadata, or media transmitted within a network or connected to devices linked by communication systems. This encompasses traditional websites, online travel agencies, web-based applications, distributed databases, software applications, smartphone applications, and social media platforms like Facebook, LinkedIn, and YouTube. These digital media channels refer to or relate to a Casiola Business and its trademarks. Casiola also employs Contact Centers, which are organized communication systems and methods approved by Casiola for communicating with property owners and end-user guest customers.