Where can I find the Confidentiality/Non-Competition Agreement that Crawlspace Medic requires personnel to sign?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 22: CONTRACTS]
8 NON-DISCLOSURE AND NON-COMPETITION COVENANTS.
8.1 Confidential Information. Developer acknowledges and accepts that during the term of this Agreement, Developer will have access to Franchisor's trade secrets, including, but not limited to, methods, processes, customer lists, vendor partnerships and/or relationships, sales and technical information, financial information, costs, product prices and names, software tools and applications, website and/or email design, products, services, equipment, technologies and procedures relating to the operation of a Crawlspace Medic outlet; the Manual; methods of advertising and promotion; instructional materials; any other information which Franchisor may or may not specifically designate as "confidential" or "proprietary"; and the components of the System, whether or not such information is protected or protectable by patent, copyright, trade secret or other proprietary rights (collectively referred to herein as the "Confidential Information"). Developer shall not, during the term of this Agreement and thereafter,
communicate or divulge to, or use for the benefit of, any other person or entity, and, following the expiration or termination of this Agreement, shall not use for Developer's own benefit, any Confidential Information that may be communicated to Developer or of which Developer may be apprised in connection with the development of Crawlspace Medic outlets under the terms of this Agreement. Developer shall not at any time copy, duplicate, record or otherwise reproduce any Confidential Information, in whole or in part, or otherwise make the same available to any person, without Franchisor's prior written consent. The covenant in this Section 8.1 shall survive the expiration, termination or transfer of this Agreement or any interest herein and shall be perpetually binding upon Developer.
- 8.2 Protection of Information.
Developer shall take all steps necessary, at Developer's own expense, to protect the Confidential Information and shall immediately notify Franchisor if Developer finds that any Confidential Information has been divulged in violation of this Agreement.
- 8.3 Noncompetition Covenants.
Developer acknowledges that, pursuant to this Agreement, Developer will receive valuable training, trade secrets and Confidential Information of the System that are beyond the present knowledge, training and experience of Developer.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 32)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, the confidentiality and non-competition agreements are detailed within Section 8 of Item 22, which covers contracts. This section outlines the obligations of the developer (franchisee) regarding confidential information and non-competition during and after the term of the Franchise Agreement.
The agreement specifies that the franchisee will have access to Crawlspace Medic's trade secrets, including methods, customer lists, vendor partnerships, sales and technical information, financial data, software, and other proprietary information. The franchisee is obligated to protect this confidential information and not disclose it to any other person or entity, or use it for their own benefit, both during and after the agreement's term. This obligation is perpetual and survives any termination or transfer of the agreement.
Furthermore, the franchisee acknowledges that they will receive valuable training, trade secrets, and confidential information that goes beyond their current knowledge. The FDD states that franchisees must take necessary steps to protect this information and notify Crawlspace Medic if any confidential information is divulged in violation of the agreement. The non-compete clauses restrict the franchisee from engaging in any competitive business within a specified distance of their territory or other Crawlspace Medic locations, ensuring the protection of the brand's market and goodwill.