What discretion does Deck Medic have regarding actions related to unauthorized use of the Manuals?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
(6) Immediately notify Franchisor, in writing, of any and all locations where Franchisee may have maintained and/or stored digital files and/or media containing all or parts of the Operations Manual, any Confidential Information, and all other standards and specifications of Franchisor, immediately turn over such digital files and media to Franchisor, and follow Franchisor's instructions as to the destruction of such digital files and media;
(7) (a) modify and alter Franchisee's former Deck Medic Business, Franchisee's former Deck Medic Administrative Office, and Franchisee's Administrative Office, as reasonably necessary or otherwise required by Franchisor, to ensure that Franchisee's Administrative Office has been completely de-identified and differentiated from its former appearance to prevent any confusion by the public as to the continued existence of a Deck Medic Business at your Administrative Office;
- (b) remove from Franchisee's Administrative Office all distinctive physical and structural features identifying a Deck Medic Business and all distinctive signs, trade dress and emblems associated with the System including, without limitation, signs, trade dress, and emblems bearing the Licensed Marks; and (c) make specific additional changes to Franchisee's Administrative Office as Franchisor reasonably requests for the purpose of completely de-identifying Franchisee's former Deck Medic Business.
Franchisee shall immediately initiate the foregoing actions and complete such actions within the period of time designated by Franchisor, and Franchisee agrees that Franchisor and/or Franchisor's designated agents may enter the premises of Franchisee's Administrative Office at any time to make foregoing alterations at Franchisee's sole risk and expense.
Franchisee agrees that Franchisee's failure to timely make modifications and alterations to Franchisee's Administrative Office will cause irreparable injury to Franchisor, and Franchisee consents to the entry, at Franchisee's expense, of any ex-parte order by any court of competent jurisdiction authorizing Franchisor or its agents to take action, if Franchisor seeks such an order;
- (8) Take all actions necessary and/or reasonably required to cancel all fictitious or assumed names or equivalent registrations relating to the Licensed Marks;
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 33)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic retains significant discretion regarding actions related to unauthorized use of its Operations Manual. The Operations Manual contains confidential information, and franchisees must protect it. Deck Medic can request reasonable steps from franchisees to prevent unauthorized use or disclosure. Franchisees must also stop using the Confidential Information immediately upon Deck Medic's request or demand.
Upon termination of the franchise agreement, the franchisee must return the Operations Manual and all copies to Deck Medic. The franchisee must also cease accessing any digital media or cloud-based systems that store the Operations Manual. Furthermore, the franchisee must notify Deck Medic in writing of all locations where digital files containing the Operations Manual are stored and follow Deck Medic's instructions for the destruction of such files.
Deck Medic also has the right to modify the franchisee's former Deck Medic Business or Administrative Office to ensure it is de-identified and differentiated from its former appearance. This includes removing all distinctive features and signs associated with the Deck Medic system. If the franchisee fails to make these modifications in a timely manner, Deck Medic or its agents may enter the premises to make the alterations at the franchisee's expense. The franchisee also consents to the entry of an ex-parte order by a court authorizing Deck Medic to take action if necessary.
Failure to comply with these terms can cause irreparable harm to Deck Medic and its franchisees, entitling Deck Medic to injunctive relief. These measures ensure the protection of Deck Medic's confidential information and maintain the integrity of the Deck Medic system.