Must the 'Operating Manager' of a Deck Medic franchise sign a Confidentiality Agreement?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
- "Operating Manager" refers to and means the Manager designated by Franchisee or Franchisee's Managing Owner, that is charged with the obligation and responsibility to supervise and manage the dayto-day operations of the Franchised Business.
At all times, the Operating Manager must: (a) meet all of Franchisor's minimum training and brand quality control standards and criteria for managers as may be set forth in the Operations Manual; (b) successfully complete Franchisor's Training Program; (c) sign the Confidentiality Agreement; and (d) agree, in writing, to assume responsibility for the on-site management and supervision of the Franchised Business.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, if a franchisee or managing owner designates an 'Operating Manager' to supervise and manage the day-to-day operations of the franchised business, that Operating Manager must sign a Confidentiality Agreement. This requirement is part of a set of conditions the Operating Manager must meet. They must also meet Deck Medic's minimum training and brand quality control standards, successfully complete Deck Medic's Training Program, and agree in writing to assume responsibility for the on-site management and supervision of the Franchised Business.
This requirement ensures that individuals in charge of the daily operations of a Deck Medic franchise are bound to protect the franchisor's confidential information. The FDD also includes a sample confidentiality agreement as Exhibit 2. The agreement states that Deck Medic, Inc. is a third party beneficiary of the agreement.
For a prospective Deck Medic franchisee, this means that if they plan to delegate the day-to-day management to an Operating Manager, that manager will be legally obligated to protect Deck Medic's trade secrets, customer data, and operational methods. The franchisee should ensure that the Operating Manager understands the terms of the Confidentiality Agreement and is prepared to comply with them. Franchisees should consult with a local attorney regarding the Confidentiality Agreement.