Can a Deer Solution franchisee make copies of documents containing Know-How?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 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 Deer Solution 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 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, franchisees are restricted from making unauthorized copies of documents containing confidential information. This restriction applies both during the term of the Franchise Agreement and after its expiration or termination. Confidential information includes trade secrets and proprietary information related to the Deer Solution business, such as methods, techniques, specifications, procedures, policies, marketing strategies, and information within the Operations Manual.
This restriction extends not only to the franchisee but also to their owners, spouses, directors, officers, employees, and agents, provided they have access to confidential information. These individuals may also be required to sign a Confidentiality Agreement. The franchisee is also obligated to take reasonable steps to prevent unauthorized use or disclosure of confidential information, as requested by Deer Solution.
This is a standard practice in franchising to protect the franchisor's intellectual property and maintain a competitive advantage. Prospective Deer Solution franchisees should understand that safeguarding confidential information is a critical responsibility. Failure to comply with these confidentiality requirements could result in legal action or termination of the franchise agreement.