Under what circumstances must I stop using Deck Medic's Confidential Information?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Confidential Information in any business or capacity other than the Deck Medic Business operated by Franchisee; (b) shall maintain the confidentiality of the Confidential Information at all times; (c) shall not make 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.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, as a franchisee, you must stop using the Confidential Information immediately upon the expiration, termination, or transfer of the Franchise Agreement. Additionally, if you are an employee, independent contractor, officer, and/or director of a Deck Medic Business, you will stop using the Confidential Information immediately at Deck Medic's request or demand.
Confidential Information includes methods, specifications, standards, policies, procedures, information, concepts, programs, and systems relating to the development, establishment, marketing, promotion, and operation of Deck Medic Businesses. It also encompasses information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance, and other financial data of Deck Medic Businesses. Furthermore, it includes Business Management System Data and current and future information contained in the Operations Manual.
After the termination of the franchise agreement, you must also permanently cease using the System, including the Confidential Information, Licensed Marks, Business Management System Data, and the Operations Manual. You are also required to return to Deck Medic the Operations Manual, the Confidential Information, and all other confidential materials, equipment, software, information, and property owned by Deck Medic.