factual

What is the Crawlspace Medic franchisee's responsibility to maintain the confidentiality of other materials from Crawlspace Medic?

Crawlspace_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

trademark | | "Crawlspace Medic" | | and design mark, and certain proprietary products, services, promotions | | outlets; | | and methods (the "System") for the establishment and operation of Franchised Business | WHEREAS, in connection with his or her duties, it will be necessary for Covenantor to have access to some or all of the confidential information, knowledge, know-how, techniques, contents of the Crawlspace Medic operations manual and other materials used in or related to the System and/or concerning the methods of operation of the System (collectively referred to as "Confidential Information");

WHEREAS, the Confidential Information provides economic advantages to Franchisor and licensed users of the System, including Franchisee;

WHEREAS, Franchisee has acknowledged the importance of restricting the use, access and dissemination of the Confidential Information, and Franchisee therefore has agreed to obtain from Covenantor a written agreement protecting the Confidential Information and further protecting the System against unfair competition; and

WHEREAS, Covenantor acknowledges that receipt of and the right to use the Confidential Information constitutes independent valuable consideration for the representations, promises and covenants made by Covenantor herein.

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:

1. Confidentiality Agreement.

  • a. Covenantor shall, at all times, maintain the confidentiality of the Confidential Information and shall use such Confidential Information only in the course of his or her employment by or association with Franchisee in connection with the operation of a Franchised Business under the Franchise Agreement.
  • b. Covenantor shall not at any time make copies of any documents or compilations containing some or all of the Confidential Information without Franchisor's express written permission.
  • c. Covenantor shall not at any time disclose or permit the disclosure of the Confidential Information except, and only then to the limited extent necessary, to those employees of Franchisee for training and assisting such employees in the operation of the Franchised Business.

  • d. Covenantor shall surrender any material containing some or all of the Confidential Information to Franchisee or Franchisor, upon request, or upon termination of employment or association with Franchisee.
  • e. Covenantor shall not at any time, directly or indirectly, do any act or omit to do any act that would or would likely be injurious or prejudicial to the goodwill associated with the System.
  • f. Covenantor agrees that no Confidential Information may be reproduced, in whole or in part, without written consent.

**2.

Source: Item 22 — CONTRACTS (FDD page 42)

What This Means (2024 FDD)

According to the 2024 Crawlspace Medic Franchise Disclosure Document, the franchisee has a responsibility to ensure that anyone with access to Crawlspace Medic's confidential information, referred to as the Covenantor, maintains the confidentiality of that information. The franchisee must obtain a written agreement from the Covenantor protecting the confidential information and the Crawlspace Medic system against unfair competition. The Covenantor, who could be an employee or someone associated with the franchisee, must agree to maintain the confidentiality of the information and only use it in connection with operating the franchised business.

The Covenantor cannot make copies of confidential documents without Crawlspace Medic's written permission and can only disclose confidential information to employees of the franchisee to the extent necessary for training and assisting in the business's operation. Upon request or termination of employment, the Covenantor must return all materials containing confidential information to the franchisee or Crawlspace Medic. The Covenantor must also avoid any actions that could harm the goodwill associated with the Crawlspace Medic system.

The franchisee is held fully responsible for ensuring that the Covenantor adheres to the agreement. A breach of this agreement by the Covenantor could cause irreparable injury to Crawlspace Medic, entitling them to seek legal remedies. These measures are in place to protect Crawlspace Medic's trade secrets, operational methods, and other proprietary information, ensuring that the franchisee and its associates do not misuse or disseminate sensitive details that could harm the franchise system.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.