Does the Cinch I.T. Employee Confidentiality Agreement acknowledge the Employer's need to maintain confidentiality?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, Employer is a franchisee of CINCH FRANCHISE, LLC (hereinafter "Franchisor') and as such has rights to a unique system (hereinafter the "CINCH I.T. SYSTEM") for the development and operation of a business which provides Information Technology Support Services under the trade name and mark CINCH I.T.® (hereinafter "CINCH I.T."); and
WHEREAS, Franchisor's Confidential Information or Materials provide economic advantages to Franchisor and its franchisees including Employer and which are not generally known to nor readily ascertainable by proper means by Franchisor's competitors who could obtain economic value from knowledge and use of Franchisor's Trade Secrets; and
WHEREAS, Employer has promised to take and intends to take all reasonable steps to maintain the confidentiality and secrecy of Franchisor's Confidential Information or Materials; and
WHEREAS, it will be necessary for Employee to have access to and to use some or all of Franchisor's Confidential Information or Materials as an employee of Employer:
WHEREAS, Employee wishes to remain, or wishes to become, an employee of Employer; and
WHEREAS, Employee wishes and needs to receive and use Franchisor's Confidential Information or Materials in the course of Employee's employment in order to effectively perform Employee's services for Employer;
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
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- For purposes of this Agreement, the term "Confidential Information or Materials" means all trade secrets, client information, inventions, discoveries, processes, formulae, records, computer programs or data, agreements, business and financial systems, and plans and policies, of Employer and Franchisor or regarding administrative, management, contracting, financial, marketing or production activities of Employer, which Employer treats as confidential.
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- Employee acknowledges that during his/her employment, Employee may gain knowledge of proprietary Confidential Information or Materials. Employee recognizes that Employer and Franchisor have a compelling need to maintain the confidentiality of such Confidential Information and Materials. Accordingly, Employee agrees that:
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to the 2024 Cinch I.T. Franchise Disclosure Document, the Employee Confidentiality Agreement explicitly acknowledges the employer's need to maintain confidentiality. The agreement states that the employee may gain knowledge of proprietary Confidential Information or Materials during their employment. It also recognizes that both the employer and Cinch I.T. have a compelling need to maintain the confidentiality of such information and materials.
This acknowledgement is crucial for protecting Cinch I.T.'s trade secrets, client information, and business practices. By signing the agreement, the employee recognizes the importance of keeping this information confidential and agrees to take steps to protect it. This helps to prevent the unauthorized disclosure of sensitive information that could harm Cinch I.T.'s competitive advantage.
For a prospective Cinch I.T. franchisee, this means that they must ensure their employees sign and adhere to the Employee Confidentiality Agreement. This is a critical step in safeguarding the franchisor's confidential information and maintaining the integrity of the Cinch I.T. system. The franchisee is responsible for providing a copy of each Key Employee's signed agreement to Cinch I.T. before they begin employment or participate in the Initial Training Program.