How is 'Confidential Information' defined in the Degree Wellness agreement?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
9.1 Types of Confidential Information. We possess certain unique confidential and proprietary information and trade secrets consisting of the following categories of information, methods, techniques, products, services and knowledge developed by us, including but not limited to: (a) services and products offered and sold at Degree Wellness franchises; (b) knowledge of sales and profit performance
of any one or more Degree Wellness franchises; (c) knowledge of sources of products sold at Degree Wellness franchises, (d) advertising and promotional programs and image and decor; (e) methods, techniques, formats, specifications, procedures, information, systems, and knowledge of, and experience in, the development, operation, and franchising of Degree Wellness franchises; (f) copyrighted materials, including, without limitation, office forms and procedures, marketing materials, telephone scripts and the content of the Operations Manual; and (g) the methods of training employees. We will disclose much of the above-described information to you in advising you about site selection, providing our Initial Training, providing access to the Operations Manual, and providing guidance and assistance to you under this Agreement. In addition, in the course of the operation of your Franchise, you or your employees may develop ideas, concepts, methods, or techniques of improvement relating to the Franchise that you agree to disclose to us, and that we may then authorize you to use in the operation of your Franchise, and may use or authorize others to use in other Degree Wellness franchises owned or franchised by us or our affiliates. (All of such information disclosed to or developed by you will be referred to in this Agreement as our "Confidential Information".)
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Confidential Information encompasses a wide array of proprietary details developed by Degree Wellness. This includes, but isn't limited to, the specific services and products offered at Degree Wellness franchises, insights into the sales and profit performance of individual franchise locations, and knowledge of the sources from which these products are obtained.
Furthermore, the definition extends to advertising and promotional strategies, the brand's image and decor, and the methodologies, techniques, formats, specifications, procedures, information systems, and overall knowledge and experience related to the development, operation, and franchising of Degree Wellness locations. Copyrighted materials, such as office forms, procedures, marketing content, telephone scripts, and the content within the Operations Manual, are also considered Confidential Information. Finally, the methods used for training employees fall under this classification.
Degree Wellness will share much of this information with franchisees during site selection, initial training, access to the Operations Manual, and ongoing support. Any ideas, concepts, methods, or techniques of improvement developed by the franchisee or their employees related to the franchise must be disclosed to Degree Wellness. Degree Wellness may then authorize the franchisee to use these improvements and may also use or authorize others to use them in other Degree Wellness franchises. All information disclosed to or developed by the franchisee is considered Degree Wellness's Confidential Information.