On what page of the Deck Medic FDD can I find information about restrictive covenants and obligations?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 23: RECEIPTS]
6.A. NECESSITY FOR RESTRICTIVE COVENANTS
Franchisee agrees that only through the course of entering into this Agreement is Franchisee being provided with access to the System, Franchisor's training, use of the Licensed Marks, and access to the Operations Manual and Confidential Information. Franchisee agrees that competition by Franchisee, Owners, Spouses and/or their immediate family members will jeopardize the System and cause irreparable harm to Franchisor and franchisees of Deck Medic Businesses. Accordingly, Franchisee and Franchisee's Owners and Spouses agree to comply with the restrictive covenants set forth in this Agreement, including this Article 6.
6.B. RESTRICTIVE COVENANTS: KNOW-HOW
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 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to the 2024 Deck Medic Franchise Disclosure Document, Article 6, which discusses restrictive covenants and obligations, begins on page 110. This section outlines several key restrictions and obligations for franchisees, owners, and spouses, both during the term of the agreement and after its expiration or termination.
Specifically, the FDD details restrictions related to confidential information and know-how, preventing franchisees from using this information in any business other than the Deck Medic business. It also covers unfair competition, including in-term and post-termination non-competition obligations. These clauses prevent franchisees from engaging in activities that could harm Deck Medic, such as owning a competitive business or diverting customers.
The document emphasizes that failure to comply with these restrictive covenants will cause irreparable harm to Deck Medic and its franchisees, potentially leading to injunctive relief. Franchisees and owners are required to sign agreements acknowledging and agreeing to these terms. Prospective franchisees should carefully review Article 6 to understand the full scope of these restrictions and obligations, as they can significantly impact their business activities and future opportunities.