What documents are included in the 'Confidential Information' that a Dermani Medspa franchisee has access to?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.1. We possess (and will continue to develop and acquire) certain Confidential Information, some of which constitutes trade secrets under applicable law, relating to developing and operating Franchised Businesses and Medspas, including:
- 6.1.1. site selection and territorial criteria;
- 6.1.2. training and operations materials and manuals;
- 6.1.3. methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, knowledge, and experience used in developing and managing Medspas and offering or selling certain medspa products or services;
- 6.1.4. marketing and advertising programs for Medspas;
- 6.1.5. knowledge of, specifications for, and suppliers of Operating Assets, and other products and services;
- 6.1.6. any computer software or similar technology which is proprietary to us or the System, including, without limitation, digital passwords and identifications and any source code of, and data, reports, and other printed materials generated by, the software or similar technology;
- 6.1.7. knowledge of the operating results and financial performance of Medspas and Franchised Businesses (subject to compliance with HIPAA and other requirements);
- 6.1.8. graphic designs and related intellectual property; and
- 6.1.9. any passwords or other digital identifications necessary to access the Manual on a Website.
- 6.2. You acknowledge and agree that you will not acquire any interest in the Confidential Information by virtue of this Agreement or otherwise, other than the right to use it as we specify in operating the Franchised Business during this Agreement's Initial Term, and that the Confidential Information is proprietary and is disclosed to you only on the condition that you agree that you:
- 6.2.1. will not use Confidential Information in any other business or capacity;
- 6.2.2. will keep each item deemed to be part of Confidential Information absolutely confidential, both during the Initial Term and then thereafter for as long as the item is not generally known in the employment and/or health care industries;
- 6.2.3. will not make unauthorized copies of any Confidential Information disclosed via electronic medium or in written or other tangible form; and
- 6.2.4. will adopt and implement reasonable procedures to prevent unauthorized use or disclosure of Confidential Information, including restricting its disclosure to Franchised Business
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, franchisees gain access to confidential information related to the operation of Franchised Businesses and Medspas. This information is considered proprietary and is disclosed to the franchisee under the condition that it is used solely for operating the Franchised Business during the agreement's initial term. Franchisees acknowledge they do not acquire any ownership interest in this confidential information beyond the right to use it as specified by Dermani Medspa.
The confidential information includes site selection and territorial criteria, training and operations materials and manuals, and the methods, formats, specifications, standards, systems, procedures, sales and marketing techniques used in developing and managing Medspas. It also encompasses knowledge of, specifications for, and suppliers of operating assets, as well as marketing and advertising programs. Franchisees also receive access to proprietary computer software, including digital passwords and identifications, source code, data, reports, and other printed materials generated by the software.
Further, the confidential information extends to knowledge of the operating results and financial performance of Medspas and Franchised Businesses, subject to compliance with HIPAA and other requirements. Graphic designs and related intellectual property, along with any passwords or other digital identifications necessary to access the Manual on a Website, are also included. Franchisees are obligated to maintain the confidentiality of this information during the term of the agreement and thereafter, as long as the information is not generally known in the employment or healthcare industries.
Franchisees must also prevent unauthorized use or disclosure of confidential information, including restricting its disclosure to Franchised Business personnel. They are prohibited from using the confidential information in any other business or capacity and from making unauthorized copies of any confidential information disclosed via electronic medium or in written or other tangible form.