What is a Deck Medic franchisee prohibited from doing with the Manuals?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
he Licensed Marks, Deck Medic Businesses, the Franchised Business, and Franchisee's former Deck Medic Business, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items and all other things, tangible or intangible, associated with Franchisor, the System, the Licensed Marks, and Deck Medic Businesses;
- (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;
- (5) Permanently cease accessing, immediately disconnect from, and discontinue using any and all digital media, intra-nets, cloud based systems, and/or servers that store, maintain, and/or provide access to the Operations Manual, Confidential Information, and all other standards, specifications of Franchisor;
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 face several restrictions regarding the use and handling of the Operations Manual. Upon termination of the franchise agreement, franchisees must return the Operations Manual, including all parts, supplements, and copies, to Deck Medic. They must also cease accessing any digital media or systems that store the Operations Manual.
Furthermore, franchisees are obligated to notify Deck Medic of all locations where digital files or media containing the Operations Manual are stored. They must turn over these files to Deck Medic and follow the company's instructions for their destruction. This ensures that the confidential information within the manuals remains protected and is not used inappropriately after the franchise agreement ends.
These stipulations are typical in franchising, as franchisors need to protect their proprietary information and operational methods. By enforcing these rules, Deck Medic aims to maintain consistency and protect its brand standards across all franchise locations, even after a franchise agreement concludes. Franchisees should be aware of these requirements and ensure they comply with them to avoid potential legal or financial repercussions.