What must a Deck Medic franchisee do if they learn of any unauthorized use of the Manuals?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees that, at all times, both during the Term of this Agreement and, after its expiration or termination, Franchisee: (a) shall not use the Know-How in any business or capacity other than the operation of the Franchised Business pursuant to this Agreement and as instructed by Franchisor; (b) shall maintain the confidentiality of the Know-How at all times; (c) shall not make unauthorized copies of documents containing any Know-How; (d) shall take all reasonable steps that Franchisor requires from time to time to prevent unauthorized use or disclosure of the Know-How; and (e) shall stop using the Know-How immediately upon the expiration, termination or Transfer of this Agreement. Franchisee agrees that the foregoing covenants shall also apply to: (a) Franchisee's Owners and Spouses and, that Franchisee's
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, franchisees have specific obligations regarding the confidentiality and use of the Operations Manual. Franchisees must not make unauthorized copies of documents containing the Know-How, which includes information found in the Operations Manual. They are required to maintain the confidentiality of this Know-How at all times, ensuring it is not disclosed or used improperly.
Furthermore, Deck Medic franchisees must take all reasonable steps that Deck Medic requires to prevent unauthorized use or disclosure of the Know-How. This means actively working to safeguard the information and following any specific instructions provided by the franchisor to protect it. Upon the expiration, termination, or transfer of the Franchise Agreement, the franchisee must immediately stop using the Know-How.
These obligations extend not only to the franchisee but also to their Owners and Spouses, emphasizing the importance Deck Medic places on protecting its confidential information and operational methods. Failure to comply with these terms can result in irreparable harm to Deck Medic and its franchisees, potentially leading to legal action, including injunctive relief.