What is a Deck Medic franchisee's obligation regarding the confidentiality of Confidential Information?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
ee's directors, officers, employees and agents where disclosure of the Know-How was necessary for the operations of the Franchised Business and where such director, officer, employee and/or agent previously executed and timely delivered to Franchisor the Confidentiality Agreement in the form attached as Exhibit 2.
6.C. RESTRICTIVE COVENANTS: CONFIDENTIAL INFORMATION
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 Confidential Information in any business or capacity other than the Deck Medic Business operated by Franchisee; (b) shall maintain the confidentiality of the Confidential Information at all times; (c) shall not make unauthorized copies of documents containing any Confidential Information; (d) shall take such reasonable steps as Franchisor may ask of Franchisee from time to time to prevent unauthorized use or disclosure of the Confidential Information; and (e) shall stop using the Confidential Information immediately upon the expiration, termination or Transfer of this Agreement. Franchisee agrees that the foregoing covenants and obligations shall also apply to: (a) Franchisee's Owners and Spouses and that Franchisee's Owners and Spouses shall each execute and deliver to Franchisor the Franchise Owner and Spouse Agreement and Guaranty in the form attached to this Agreement as Exhibit 1; and (b) Franchisee's directors, officers, employees and agents where disclosure of the Confidential Information was necessary for the operations of the Franchised Business and where such director, officer, employee and/or agent previously executed and timely delivered to Franchisor the Confidentiality Agreement in the form attached as Exhibit 2.
**6.D.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, franchisees have specific obligations regarding confidential information, both during the term of the Franchise Agreement and after its expiration or termination. Franchisees must not use the confidential information in any business other than their Deck Medic franchise. They are required to maintain the confidentiality of the information at all times and must not make unauthorized copies of any documents containing confidential information.
Deck Medic franchisees must take reasonable steps to prevent unauthorized use or disclosure of confidential information, as directed by Deck Medic. Upon expiration, termination, or transfer of the Franchise Agreement, the franchisee must immediately stop using the confidential information. These obligations extend not only to the franchisee but also to their owners, spouses, directors, officers, employees, and agents, ensuring a comprehensive approach to protecting Deck Medic's proprietary information.
Customer lists and their contents are explicitly defined as confidential information and are considered an asset of Deck Medic, regardless of who supplied the information. Franchisees are required to disclose any ideas, concepts, methods, or products they develop related to the Deck Medic business to Deck Medic itself. These measures ensure that Deck Medic retains control over its operational methods and customer data, which is typical in franchising to maintain brand consistency and protect trade secrets.
Failure to comply with these confidentiality obligations can result in significant legal repercussions. The agreement stipulates that any breach can cause irreparable harm to Deck Medic and its franchisees, potentially leading to injunctive relief. This underscores the importance of adhering to these confidentiality terms to protect the Deck Medic system and maintain the integrity of the brand.