Is there a Confidentiality Agreement included in the Deck Medic franchise documents?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
ke unauthorized copies of documents containing any Confidential Information; (d) shall take such reasonable steps as Franchisor may ask of Franchisee from time to time to prevent unauthorized use or disclosure of the Confidential Information; and (e) shall stop using the Confidential Information immediately upon the expiration, termination or Transfer of this Agreement. Franchisee agrees that the foregoing covenants and obligations shall also apply to: (a) Franchisee's Owners and Spouses and that Franchisee's Owners and Spouses shall each execute and deliver to Franchisor the Franchise Owner and Spouse Agreement and Guaranty in the form attached to this Agreement as Exhibit 1; and (b) Franchisee's directors, officers, employees and agents where disclosure of the Confidential Information was necessary for the operations of the Franchised Business and where such director, officer, employee and/or agent previously executed and timely delivered to Franchisor the Confidentiality Agreement in the form attached as Exhibit 2.
**6.D.
Source: Item 22 — CONTRACTS (FDD pages 42–43)
What This Means (2024 FDD)
Yes, according to the 2024 Deck Medic Franchise Disclosure Document, a Confidentiality Agreement is included as Exhibit 2. The FDD specifies that the franchisee's directors, officers, employees, and agents must execute and deliver this agreement to Deck Medic if disclosure of confidential information is necessary for the franchised business operations. This agreement ensures that all parties with access to Deck Medic's proprietary information are legally bound to protect it. Franchisees are responsible for ensuring these individuals sign and deliver the agreement.
Deck Medic also requires franchisees to maintain the confidentiality of the Confidential Information at all times, not use the Confidential Information in any business or capacity other than the Deck Medic Business, not make unauthorized copies of documents containing any Confidential Information, take such reasonable steps as Deck Medic may ask of Franchisee from time to time to prevent unauthorized use or disclosure of the Confidential Information, and stop using the Confidential Information immediately upon the expiration, termination or Transfer of this Agreement. These obligations extend both during the term of the Franchise Agreement and after its expiration or termination.
Furthermore, the Franchise Owner and Spouse must also execute and deliver a Franchise Owner and Spouse Agreement and Guaranty, attached as Exhibit 1, reinforcing the commitment to protect confidential information. The FDD includes a sample form Confidentiality Agreement as Exhibit 2, but Deck Medic advises franchisees to have this agreement reviewed and approved by an independent local attorney before using it with an employee or contractor. This ensures compliance with local laws and provides an extra layer of protection for the franchisee and the Deck Medic system.