In the context of the agreement, what is the 'System' that Devon Creek franchisees utilize comprised of?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
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ATTACHMENT 8 CONFIDENTIALITY AND NON-COMPETE AGREEMENT
This Confidentiality and Non-Compete Agreement (the "Agreement") is made and entered into this
| day of | , 20 | , by | | |-----------------------------------------------|-------------------------------------------------------------------------------|------|-----------------------------------------------------------------------------------------------------------| | | , a(n) | | ("Franchisee"), a franchisee of Devon Creek Franchise Group, LLC, a North Carolina | | limited liability company ("Franchisor"), and | connection with a Franchise Agreement dated. WHEREAS, Franchisee and Franchisor are parties to a franchise agreement dated | | , an individual ("Covenantor") in | | , 20 | | | (the "Franchise Agreement"), whereby Franchisor has granted Franchisee the right to use certain trademarks, including, the registered trademark "Devon Creek" and design mark, and certain proprietary products, services, promotions and methods (the "System") for the establishment and operation of an Devon | | Creek outlet (the "Franchised Business"); | | | | WHEREAS, in connection with his or her duties, it will be necessary for Covenantor to have access to some or all of the confidential information, knowledge, know-how, techniques, contents of the Devon Creek Franchise Group operations manual and other materials used in or related to the System and/or concerning the methods of operation of the System (collectively referred to as "Confidential Information");
WHEREAS, the Confidential Information provides economic advantages to Franchisor and licensed users of the System, including Franchisee;
WHEREAS, Franchisee has acknowledged the importance of restricting the use, access and dissemination of the Confidential Information, and Franchisee therefore has agreed to obtain from Covenantor a written agreement protecting the Confidential Information and further protecting the System against unfair competition; and
WHEREAS, Covenantor acknowledges that receipt of and the right to use the Confidential Information constitutes independent valuable consideration for the representations, promises and covenants made by Covenantor herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
**1.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, the 'System' comprises certain trademarks, proprietary products, services, promotions, and methods for establishing and operating a Devon Creek outlet. The franchise agreement enables franchisees to conduct internet-based advertising, maintain social media accounts, utilize software, and use telephone listings linked to the Devon Creek brand.
Furthermore, the Devon Creek system relies on confidential information, knowledge, know-how, techniques, and the contents of the Devon Creek Franchise Group operations manual. These elements are crucial for the methods of operation within the System and provide economic advantages to both Devon Creek and its franchisees.
Devon Creek emphasizes the importance of protecting this confidential information and the System against unfair competition, requiring franchisees to acknowledge and agree to these protections. This includes restrictions on using, accessing, and disseminating confidential information to maintain the integrity and competitive edge of the Devon Creek system.