How can a Deer Solution franchisee rebut the presumption of violating the franchise agreement regarding Know-How and immediate family members?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
However, you may rebut this presumption by providing evidence conclusively demonstrating that you did not disclose the Know-How nor permit disclosure of the Know-How to the family member.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, if there's a presumption that a franchisee disclosed the Know-How (trade secrets and proprietary information) to an immediate family member, the franchisee can challenge this presumption.
The franchisee can rebut this presumption by presenting evidence that conclusively proves they did not disclose the Know-How, nor did they allow the family member to access it. This means the franchisee must provide solid proof to counter the initial assumption of a violation.
This clause protects Deer Solution's confidential information and trade secrets, while also providing a mechanism for franchisees to defend themselves against accusations if they can demonstrate they took appropriate measures to prevent unauthorized disclosure. It is important for a franchisee to understand what constitutes Know-How, as defined in the FDD, and to take precautions to safeguard this information within their family.