What is the purpose of Article 6.F in the Deck Medic Franchise Agreement for Deck Medic?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
6.H. OWNERSHIP OF INNOVATIONS, IMPROVEMENTS AND CUSTOMER INFORMATION
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
or product. Franchisee agrees that Franchisee will not use nor will Franchisee allow any other person or entity to use any such concept, method or product without obtaining Franchisor's prior written approval.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
Based on the 2024 Deck Medic Franchise Disclosure Document, while there is an Article 6.H that discusses ownership of innovations, improvements, and customer information, there is no Article 6.F included in the provided excerpts.
Given the absence of Article 6.F, it's difficult to determine its purpose. However, Article 6.H stipulates that all customer lists and related information are considered confidential assets of the franchisor, regardless of who supplied the information. It also requires franchisees to disclose any ideas, concepts, methods, or products they develop related to Deck Medic businesses to the franchisor, who then owns these innovations without any obligation for payment to the franchisee. This clause ensures that any improvements or innovations within the franchise network benefit the franchisor, and franchisees cannot use these innovations without prior written approval.
A prospective Deck Medic franchisee should ask the franchisor for a complete copy of the Franchise Agreement, including Article 6.F, to fully understand its implications. Understanding the full scope of Article 6, and specifically 6.F, is crucial for making an informed decision about investing in a Deck Medic franchise.