What happens to the Casiola Bookings and Management System Data upon termination?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
(3) As between Franchisee and Franchisor, Franchisor is and shall be the exclusive owner of the Bookings and Management System Data, except that Franchisee shall store and maintain such data in accordance with all applicable local, state and federal privacy, data collection and solicitation laws. Upon expiration or termination of this Agreement for any reason, Franchisee shall preserve and maintain the Bookings and Management System Data for the purpose of transferring such data to Franchisor;
(9) At no cost to Franchisor, take such action as may be determined by Franchisor to: (a) provide and assign to Franchisor the Bookings and Management System, the Bookings and Management System Data, and all customer lists, customer information, and customer data;
(3) Permanently cease to use, except as directed by Franchisor in writing and related to Franchisee's performance and completion of Wind-Down Activities as designated and determined by Franchisor in Franchisor's Reasonable Business Judgment, in any manner: (a) the System including, without limitation, the Confidential Information, the Licensed Marks, the Bookings and Management System Data, and the Operations Manual;
(4) Return to Franchisor the Operations Manual (including any and all parts, supplements, and copies of the Operations Manual), the Confidential Information (including without limitation the Bookings and Management System Data and all customer lists and information), and all other confidential materials, equipment, software, information, and property owned by Franchisor and all copies thereof provided, however, that Franchisee may retain Franchisee's copies of this Agreement, correspondence between Franchisor and Franchisee, but not including Confidential Information that may be contained in or attached thereto, and other documents that Franchisee needs to retain pursuant to applicable law;
(5) Permanently cease accessing, immediately disconnect from, and discontinue using any and all digital media, intra-nets, cloud based systems, and/or servers that store, maintain, and/or provide access to the Operations Manual, Confidential Information, and all other standards, specifications of
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the Bookings and Management System Data is exclusively owned by Casiola. This system includes forms, data, tools, customer information, and sales information that are pre-populated, entered, recorded, stored, and maintained within the Bookings and Management System.
Upon the expiration or termination of the Franchise Agreement for any reason, the franchisee is obligated to preserve and maintain the Bookings and Management System Data for the purpose of transferring it to Casiola. Additionally, the franchisee must take actions determined by Casiola to provide and assign the Bookings and Management System Data, along with all customer lists and information, to Casiola at no cost to Casiola.
Furthermore, the franchisee must permanently cease using the Bookings and Management System Data, except if directed otherwise in writing by Casiola for wind-down activities. The franchisee is also required to return all Confidential Information, including the Bookings and Management System Data and customer lists, to Casiola. The franchisee must also cease accessing and disconnect from any digital media, intranets, or cloud-based systems that store the Bookings and Management System Data.