factual

What does Deck Medic require the franchisee to acknowledge regarding the protection of the Deck Medic System and Intellectual Property?

Deck_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

[Item 23: RECEIPTS]

"Intellectual Property" refers to and means, individually and collectively, our Licensed Marks, Copyrights, Know-How, and System.

"Know-How" refers to means our trade secrets and proprietary information relating to the development, establishment, marketing, promotion and/or operation of a Deck Medic Business including, but not limited to, methods, techniques, specifications, procedures, policies, marketing strategies and information reflected in, included in, comprising and/or constituting a part of the System. Without limitation to the foregoing, Know-How shall further include information contained in the Operations Manual and the Confidential Information.

"Licensed Marks" refers to and means the trademarks, service marks, emblems and indicia of origin, including the "Deck Medic" trademark, the Deck Medic logo, Trade Dress, and other trade names, service marks, trademarks, logos, slogans and designs authorized by us in connection with the identification of Deck Medic Businesses and the Approved Services and Products, provided that such trade names, trademarks, service marks, logos and designs are subject to modification, replacement and discontinuance by us in our Reasonable Business Judgment.


[Item 23: RECEIPTS]

17.B. CEASE OPERATIONS AND PROTECTION OF THE SYSTEM

Upon expiration, termination, or Transfer of this Agreement for any reason, Franchisee shall immediately:

  • (1) Permanently cease to be a franchise owner of the Deck Medic Business that was the subject of this Agreement and cease to operate such Deck Medic Business under the System;

  • (2) Refrain from directly or indirectly, holding oneself/itself out to any person or entity, or represent themselves/itself as a present or former Deck Medic franchisee;


[Item 23: RECEIPTS]

  • (2) Refrain from directly or indirectly, holding oneself/itself out to any person or entity, or represent themselves/itself as a present or former Deck Medic franchisee;

  • (3) Permanently cease to use, in any manner: (a) the System including, without limitation, the Confidential Information, the Licensed Marks, the Business Management System Data, and the Operations Manual; (b) any methods, procedures, or techniques associated with the System in which Franchisor possesses proprietary rights or that constitute Franchisor's trade secrets; (c) System Supplies, including communicating with or ordering products from Franchisor's designated suppliers and vendors of System Supplies; (d) the Approved Services and Products; and (e) any other advertising, marketing, media, and any other information, documents or things associated with Franchisor, the System, the Licensed Marks, Deck Medic Businesses, the Franchised Business, and Franchisee's former Deck Medic Business, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items and all other things, tangible or intangible, associated with Franchisor, the System, the Licensed Marks, and Deck Medic Businesses;

  • (4) Return to Franchisor the Operations Manual (including any and all parts, supplements, and copies of the Operations Manual), the Confidential Information (including without limitation the Business Management System Data and all customer lists and information), and all other confidential materials, equipment, software, information, and property owned by Franchisor and all copies thereof provided, however, that Franchisee may retain Franchisee's copies of this Agreement, correspondence between Franchisor and Franchisee, but not including Confidential Information that may be contained in or attached thereto, and other documents that Franchisee needs to retain pursuant to applicable law;

  • (5) Permanently cease accessing, immediately disconnect from, and discontinue using any and all digital media, intra-nets, cloud based systems, and/or servers that store, maintain, and/or provide access to the Operations Manual, Confidential Information, and all other standards, specifications of Franchisor;

Source: Item 23 — RECEIPTS (FDD pages 43–228)

What This Means (2024 FDD)

According to Deck Medic's 2024 Franchise Disclosure Document, franchisees have several obligations to protect the Deck Medic System and Intellectual Property. Deck Medic defines Intellectual Property as the Licensed Marks, Copyrights, Know-How, and System. Know-How includes trade secrets and proprietary information related to the Deck Medic business's development, marketing, and operation, including methods, techniques, specifications, policies, and marketing strategies. The Licensed Marks are the trademarks, service marks, emblems, and indicia of origin, including the "Deck Medic" trademark and logo.

Upon termination or expiration of the Franchise Agreement, the franchisee must immediately cease operating as a Deck Medic franchise and discontinue using the System. This includes refraining from representing themselves as a current or former Deck Medic franchisee. The franchisee must also stop using the Confidential Information, Licensed Marks, Business Management System Data, and Operations Manual. They are also prohibited from using any methods, procedures, or techniques associated with the System in which Deck Medic possesses proprietary rights or that constitute trade secrets.

Furthermore, the franchisee must cease using System Supplies and Approved Services and Products. All advertising, marketing, media, and other information associated with Deck Medic, the System, and the Licensed Marks must also be discontinued. The franchisee is required to return the Operations Manual, Confidential Information (including customer lists and information), and all other confidential materials and property owned by Deck Medic. Additionally, franchisees must cease accessing and disconnect from any digital media, intra-nets, cloud-based systems, or servers that store or provide access to the Operations Manual and Confidential Information.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.