Is a Deer Solution franchisee required to keep the manuals confidential?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
You must keep as confidential our Manuals and any supplements to the Manuals. Our Manuals may take the form of written materials and/or digitally distributed and stored materials and made available to you for use in connection with the Franchised Business. The Manuals contain information about our System, Approved Services and Products, System Supplies, proprietary products, marketing systems, training, and confidential methods of operation. You must use all reasonable and prudent means to maintain the Manuals and the information maintained in the Manuals as confidential and prevent any unauthorized copies, recordings, reproduction, or distribution of the Manuals or the information contained in the Manuals. You must restrict access to the Manuals to management level employees who sign a confidentiality agreement with you and are required by you to maintain the confidentiality of the Manuals and refrain from distributing or disclosing the Manuals and the information contained in the Manuals. You must provide us with immediate notice if you learn of any unauthorized use of the Manuals or of the information contained in the Manuals, or any infringement or challenge to the proprietary or confidentiality of the information contained in the Manuals. We will take any and all action(s) or, refrain from taking action, that we determine, in our discretion, to be appropriate. We may control any action or legal proceeding we choose to bring. We need not participate in your defense or indemnify you for damages or expenses in a proceeding involving a copyright or patent. If any third party establishes to our satisfaction, in our discretion, that it possesses rights superior to ours, then you must modify or discontinue your use of these materials in accordance with our written instructions.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, franchisees are required to maintain the confidentiality of the franchise's manuals. These manuals, which may be in written or digital form, contain critical information about Deer Solution's system, approved services and products, system supplies, proprietary products, marketing systems, training, and confidential methods of operation. This requirement ensures that sensitive business practices and trade secrets are protected.
To comply with this confidentiality obligation, Deer Solution franchisees must use reasonable and prudent measures to prevent unauthorized copying, recording, reproduction, or distribution of the manuals and their contents. Access to the manuals should be restricted to management-level employees who have signed a confidentiality agreement, reinforcing their commitment to maintaining the secrecy of the information.
Furthermore, franchisees are obligated to notify Deer Solution immediately if they become aware of any unauthorized use of the manuals or any challenges to their proprietary or confidential nature. Deer Solution retains the discretion to take or refrain from taking action in response to such breaches. This stringent confidentiality requirement is typical in franchising to protect the brand's competitive advantage and operational integrity. Franchisees should understand that failure to comply with these confidentiality requirements could result in penalties or termination of the franchise agreement.