What is the Crawlspace Medic franchisee's responsibility to ensure their employees comply with the restrictions on using confidential information?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall, prior to disclosure, fully train and inform its employees on all the restrictions, terms and conditions under which it is permitted to use Franchisor's intellectual, proprietary and confidential information; and shall ensure its employees'' compliance with such restrictions, terms and conditions.
Franchisee, Franchisee's Principals, and any person working with Franchisee shall agree not, at any time to use, copy, duplicate, record or otherwise reproduce these materials, in whole or in part, or otherwise make the same available to any person other than those authorized above, without Franchisor's prior written consent.
- 19.1.3.
The Manual, written directives, and other materials and any other confidential communications provided or approved by Franchisor shall at all time remain the sole property of Franchisor.
Franchisee shall maintain the Manual and all Franchisor's confidential and proprietary materials at all times in a safe and secure location, shall take all reasonable measures to prevent unauthorized access thereto, whether any attempted unauthorized access takes the form of physical access or access via computer or telecommunications networks or otherwise, and shall report the theft or loss of the Manual, or any portion thereof, immediately to Franchisor.
At a minimum, Franchisee shall, in the case of computer and
telecommunications networks, use the latest available firewall, encryption and similar technology to prevent unauthorized access. Franchisee shall delete all electronic copies, and return and cease using any physical copy of the Manual and other confidential and proprietary materials to Franchisor immediately upon request or upon transfer, termination or expiration of this Agreement.
- 19.1.4.
Franchisor may from time to time revise the contents of the Manual and other materials created or approved for use in the operation of the Franchised Business.
Franchisee expressly agrees to comply with each new or changed policy, standard or directive.
In the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by Franchisor shall control.
- 19.1.5.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to Crawlspace Medic's 2024 Franchise Disclosure Document, the franchisee has specific responsibilities regarding employee compliance with confidentiality restrictions. The franchisee must fully train and inform its employees about all restrictions, terms, and conditions related to the use of Crawlspace Medic's intellectual, proprietary, and confidential information before disclosing such information to them.
This includes ensuring that employees comply with these restrictions, terms, and conditions. Employees must agree not to use, copy, duplicate, record, or reproduce these materials, in whole or in part, or make them available to any unauthorized person without Crawlspace Medic's prior written consent. The franchisee is responsible for maintaining the Crawlspace Medic manual and all confidential materials in a safe and secure location, taking reasonable measures to prevent unauthorized access, whether physical or via computer networks, and reporting any theft or loss of the manual to Crawlspace Medic immediately.
To prevent unauthorized access via computer and telecommunications networks, the franchisee must use the latest available firewall, encryption, and similar technology. Upon request or termination of the agreement, the franchisee must delete all electronic copies and return any physical copies of the manual and other confidential materials to Crawlspace Medic. The franchisee must also comply with any new or changed policies, standards, or directives issued by Crawlspace Medic regarding the manual's contents, with the master copy of the manual maintained by Crawlspace Medic controlling in case of disputes.