Does the Cinch I.T. Employee Confidentiality Agreement mention the CINCH I.T. System?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
Franchisee may disclose to Signer some or all of Franchisor's Trade Secrets relating to CINCH I.T.
SYSTEM.
Signer shall receive Franchisor's Trade Secrets in confidence, maintain them in confidence, and shall use them only in connection with the development and/or maintenance by Franchisee of the Franchised Business using CINCH I.T.
SYSTEM for so long as Franchisee is licensed by Franchisor to use CINCH I.T.
SYSTEM.
Signer shall not at any time make copies of any documents or compilations containing some or all of Franchisor's Trade Secrets without the express written permission of Franchisor.
Signer shall not disclose or permit the disclosure of Franchisor's Trade Secrets to anyone.
That all information and materials, including without limitation, specifications, techniques and compilations of data which Franchisor shall designate as confidential shall be deemed Franchisor's Trade Secrets for the purposes of this Agreement.
Signer shall not, directly or indirectly, do any act or omit to do any act, which would or would likely to be injurious or prejudicial to the goodwill associated with CINCH I.T.
SYSTEM.
Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the Signer lives, in order to protect the goodwill and unique qualities of CINCH I.T.
SYSTEM and the confidentiality and value of Franchisor's Trade Secrets, and in consideration for the disclosure to Signer of Franchisor's Trade Secrets, Signer further undertakes and covenants that, during the time Franchisee is a franchisee of Franchisor and for the two (2) years following the termination or expiration of Franchisee's Franchise Agreement, Signer will not:
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
Yes, according to Cinch I.T.'s 2024 Franchise Disclosure Document, the Employee Confidentiality Agreement does reference the CINCH I.T. System. Specifically, the agreement outlines the protection of trade secrets related to the CINCH I.T. System. It states that the franchisee may disclose some or all of the franchisor's trade secrets relating to the CINCH I.T. System to the signer of the agreement.
The agreement emphasizes that the signer must maintain the confidentiality of these trade secrets and use them only in connection with the development and maintenance of the franchised business using the CINCH I.T. System. This use is permitted only as long as the franchisee is licensed by the franchisor to use the CINCH I.T. System. The signer is prohibited from making copies of documents containing these trade secrets without the franchisor's express written permission and from disclosing the trade secrets to anyone.
Furthermore, the agreement states that all information and materials designated as confidential by the franchisor are deemed trade secrets. The signer is also prohibited from any action that could harm the goodwill associated with the CINCH I.T. System. These stipulations aim to protect the franchisor's proprietary information and maintain the integrity of the Cinch I.T. system.
Additionally, for a period of two years following the termination or expiration of the franchise agreement, the signer is restricted from activities that could undermine the CINCH I.T. System. This includes actions that could harm the goodwill and unique qualities of the system, as well as the confidentiality and value of the franchisor's trade secrets. These measures ensure the continued protection of the Cinch I.T. system's intellectual property and market position.