Is the Chem Dry Manual considered confidential?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
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- CDI shall furnish to FRANCHISEE guidance in the form and substance determined necessary by CDI in connection with the operation of his or her BUSINESS. In the sole discretion of CDI, it shall furnish such guidance in the form of CDI's training manual (which may consist of one or more separate manuals) and other manuals for the operation of a CHEM-DRY Business (the "Manual"), newsletters or other written materials, electronic media, telephonic conversations and/or consultation at the offices of CDI or FRANCHISEE. Additional guidance and assistance shall be available, in the sole discretion of CDI, at per diem fees and charges established from time to time by CDI. New ideas or inventions when made or obtained by CDI will be made available to franchisees at CDI's sole discretion.
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- During the term of the Franchise, CDI will provide FRANCHISEE with access to the Manual, which could include DVDs, computer software and other applications, access to webbased training, other electronic media, and/or written materials. The Manual contains mandatory and suggested specifications, standards, operating procedures and rules ("System Standards") prescribed from time to time by CDI for the operation of a CHEM-DRY Business and information relative to other obligations of FRANCHISEE hereunder. CDI shall have the right to add to, delete from, replace and otherwise modify the Manual from time to time to reflect changes in System Standards and the Franchise System, provided that no such addition or modification shall alter FRANCHISEE'S fundamental status and rights under this Agreement. FRANCHISEE shall keep the Manual current. In the event of a dispute over the contents of the Manual, the master copy maintained by CDI at its principal office, shall be controlling. FRANCHISEE agrees that the Manual's contents are confidential and agrees not disclose the Manual at any time to any person other than employees of the BUSINESS who need to know its contents or use the Manual for any purpose other than operating the BUSINESS. FRANCHISEE may not, at any time, copy, duplicate, record, or otherwise reproduce any part of the Manual. If FRANCHISEE loses the
Manual or the Manual is damaged or destroyed, FRANCHISEE shall obtain a replacement copy at CDI's then applicable charge.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, the Manual is considered confidential. Chem Dry will provide guidance to franchisees in the form of a training manual and other manuals for operating a Chem Dry business.
The FDD states that franchisees will have access to the Manual, which may include DVDs, computer software, web-based training, and written materials. The Manual contains mandatory and suggested specifications, standards, operating procedures, and rules prescribed by Chem Dry for operating a Chem Dry business. Chem Dry has the right to modify the Manual from time to time to reflect changes in System Standards and the Franchise System.
The Chem Dry franchisee must keep the Manual current and agrees that its contents are confidential. The franchisee agrees not to disclose the Manual at any time to any person other than employees of the business who need to know its contents or use the Manual for any purpose other than operating the business. The franchisee may not copy, duplicate, record, or otherwise reproduce any part of the Manual. If the franchisee loses the Manual or it is damaged or destroyed, the franchisee shall obtain a replacement copy at Chem Dry's then applicable charge.