Can Deka Lash terminate or limit access/privileges of 'Non-Employed Participants'?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
You may only use our Confidential Information and Operations Manual in the course of your performance under this Agreement, subject to the provisions and duration of this Agreement. You agree to fully and strictly adhere to all security procedures we prescribe for maintaining the confidentiality of the information.
You will require, as a condition of the employment of your employees and anyone else providing services to you, that they maintain and protect our Confidential Information. You will ensure that all of your employees execute an approved confidentiality, non-disclosure, and non-competition agreement. You must follow our security procedures, which may include the execution of approved Intranet and Internet usage agreements. You will be responsible to enforce compliance with this Agreement by your employees. We may also enforce the nondisclosure agreement against your managers or employees, at our option. If you become aware of any actual or threatened violations by any of your employees or anyone else providing services to you, you will promptly and fully advise us in writing of all related facts known to you. You will cooperate with us in all ways we reasonably request to prevent or stop any violation. This may include instituting or permitting to be instituted in your name any demand, suit or action that we determine is advisable. The demand, suit or action may be maintained and prosecuted by you and us at your expense. You will also require any third party to whom you disclose any of our Confidential Information, including but not limited to consultants, distributors, and agents, to execute an approved confidentiality, nondisclosure and non-competition agreement.
Non-Employed Participants. All participants that (a) operate in the business, (b) are not listed owners on the franchise agreement, and (c) not formally recognized as employees, including, but not limited to, family members, close friends, significant others, spouses, and children (hereinafter "Non-Empl
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
Based on the 2024 Deka Lash Franchise Disclosure Document, the document outlines requirements for franchisees to ensure that anyone providing services, including non-employed participants, protect Deka Lash's confidential information.
Specifically, Deka Lash requires franchisees to have their employees and anyone providing services (including non-employed participants) execute confidentiality, non-disclosure, and non-competition agreements. Franchisees must also follow Deka Lash's security procedures, which may include Intranet and Internet usage agreements.
Deka Lash holds franchisees responsible for ensuring their employees comply with these agreements and procedures. Deka Lash retains the option to directly enforce the nondisclosure agreement against the franchisee's managers or employees. If a franchisee becomes aware of any actual or potential violations by their employees or service providers, they must promptly inform Deka Lash in writing and cooperate to prevent or stop the violation. This may involve the franchisee instituting a demand, suit, or action in their name at their expense, if Deka Lash deems it advisable. Deka Lash also requires any third party to whom the franchisee discloses confidential information, such as consultants, distributors, and agents, to execute an approved confidentiality, nondisclosure, and non-competition agreement.