When ceasing to be a Deck Medic franchisee, under what condition am I allowed to retain documents?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
- (4) Return to Franchisor the Operations Manual (including any and all parts, supplements, and copies of the Operations Manual), the Confidential Information (including without limitation the Business Management System Data and all customer lists and information), and all other confidential materials, equipment, software, information, and property owned by Franchisor and all copies thereof provided, however, that Franchisee may retain Franchisee's copies of this Agreement, correspondence between Franchisor and Franchisee, but not including Confidential Information that may be contained in or attached thereto, and other documents that Franchisee needs to retain pursuant to applicable law;
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, upon termination of the franchise agreement, franchisees must return all confidential materials, equipment, software, information, and property owned by Deck Medic. This includes the Operations Manual, confidential information like the Business Management System Data and customer lists, and all copies of these items. All access to digital media, intra-nets, cloud-based systems, and servers storing this information must also cease.
However, a franchisee is permitted to retain copies of the Franchise Agreement itself, correspondence between the franchisee and Deck Medic (excluding any confidential information contained within), and any other documents that the franchisee is legally required to keep under applicable laws.
This means that while franchisees must relinquish Deck Medic's proprietary information and operational materials, they can keep records necessary for their own legal and business purposes, such as the agreement outlining the terms of the franchise relationship and records of communications with Deck Medic. It is important for prospective franchisees to understand the distinction between what must be returned and what can be retained to ensure compliance with the franchise agreement upon termination.