What is the purpose of Article 6.B in the Deck Medic Franchise Agreement?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees that with regard to the Franchised Business all customer lists and their contents and information represent Confidential Information and constitute an asset of Franchisor whether or not such information was supplied by Franchisor. During the Term of this Agreement and in connection with the development, establishment, marketing, promotion and operation of the Franchised Business, Franchisee shall disclose to Franchisor all of Franchisee's ideas, concepts, methods and products conceived or developed by Franchisee and Franchisee's affiliates, Owners, agents, and employees relating to the development and operation of Deck Medic Businesses. Franchisee hereby assigns to Franchisor and Franchisee agrees to procure from Franchisee's Owners, affiliates and employees' assignment of any such ideas, concepts, methods, and products that Franchisee is required to disclose to Franchisor under this Article 6.H. Franchisor shall have no obligation to make any lump sum or on-going payments to Franchisee or Franchisee's Owners, affiliates or employees with respect to any such idea, concept, method, technique
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
Based on the 2024 Deck Medic Franchise Disclosure Document, there is no excerpt that contains information regarding the purpose of Article 6.B in the Deck Medic Franchise Agreement. The excerpts do contain information regarding Article 6.H, which discusses ownership of innovations, improvements, and customer information, stating that all customer lists and their contents are confidential information and an asset of Deck Medic. Franchisees must disclose any ideas, concepts, methods, and products conceived or developed relating to Deck Medic businesses, and these are assigned to the franchisor without any obligation for payment.
There are also amendments to franchise agreements for franchisees in New York, Minnesota, and Hawaii. These amendments supplement articles related to conditions for approval of transfer and conditions for renewal, ensuring that franchisees retain all rights and causes of action arising from their respective state's franchise laws. These amendments aim to satisfy the non-waiver provisions of these state laws, protecting the franchisee's rights concerning non-renewal, termination, and transfer of the Franchise Agreement.
To understand the purpose of Article 6.B, it is recommended that prospective Deck Medic franchisees review the full Franchise Agreement and consult with a legal professional. They should also ask Deck Medic for clarification on this specific section to fully understand their obligations and rights.