What am I required to do regarding the confidentiality of the Casiola Confidential Information?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
ded to, replaced or supplemented.
"Trade Dress" refers to and means Casiola designs, images, marketing materials, packaging, branding and/or branding images used in connection with the operation of the Casiola Business.
- 3. Your Access to Confidential Information. In addition to the representations and acknowledgments contained in the Recitals and Representations, above, you acknowledge and represent that in your capacity as an employee, independent contractor, officer and/or director of the Casiola Business that you will be gaining access to, among other things, the Confidential Information. You acknowledge that the terms of this Agreement are fair and reasonable.
- 4. Protection of the Confidential Information. You agree that: (i) you will not use the Confidential Information in any business or capacity other than the Casiola Business; (ii) you will maintain the confidentiality of the Confidential Information at all times; (iii) you will not make unauthorized copies of documents containing the Confidential Information; (iv) you will take such reasonable steps as the we may ask of you from time to time to prevent unauthorized use or disclosure of the Confidential Information; and (v) you will stop using the Confidential Information immediately at our request or demand. You will not use the Confidential Information for any purpose other than for the performance of your duties on behalf of us and in accordance with the scope of your work with us.
- 5. Reasonableness of Covenants and Restrictions. You agree that the terms of this Agreement are reasonable and fair and that you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. You hereby waive any right to challenge the terms of this Agreement as being overly broad, unreasonable or otherwise unenforceable.
- 6. Breach. You agree that failure to comply with the terms of this Agreement will cause irreparable harm to us and to our franchisor Casiola Franchise LLC, and other Casiola franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of these covenants will entitle us or our Franchisor Casiola Franchise LLC to injunctive relief.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, as a franchisee, you will have access to Confidential Information and are required to protect it. Confidential Information includes trade secrets, methods, techniques, procedures, and data related to the Casiola Business. This also includes information regarding consumer preferences, customer lists, financial data, and the contents of the Operations Manual. Casiola also considers customer lists and their contents to be confidential information, regardless of whether the franchisor supplied the information.
You must maintain the confidentiality of the Confidential Information at all times and only use it for the Casiola Business. Unauthorized copies of documents containing Confidential Information are prohibited, and you must take reasonable steps to prevent unauthorized use or disclosure. You must cease using the Confidential Information immediately upon Casiola's request.
As a Casiola franchisee, you agree to disclose to Casiola all ideas, concepts, methods, and products conceived or developed by you, your owners, affiliates, agents, and employees relating to the development and operation of Casiola Businesses. These must be assigned to Casiola, who has no obligation to provide payment for them. You are not allowed to use these concepts without prior written approval from Casiola. Failure to comply with these confidentiality terms will cause irreparable harm to Casiola and its franchisees, potentially leading to injunctive relief.