What must a Devon Creek franchisee do if the Manual is stolen or lost?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
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. Confidentiality Agreement.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
Based on the 2024 Devon Creek Franchise Disclosure Document, the operations manual contains confidential information that provides an economic advantage to the franchisor and its franchisees. Franchisees must acknowledge the importance of restricting the use, access, and dissemination of this confidential information.
While the FDD excerpts provided discuss the confidential nature of the Devon Creek operations manual and the franchisee's responsibility to protect it, the document does not explicitly state the procedures a franchisee must follow if the manual is stolen or lost.
Therefore, a prospective Devon Creek franchisee should ask the franchisor about the specific steps to take if the operations manual is stolen or lost, including whether there are procedures for reporting the incident, obtaining a replacement copy, and ensuring that the confidential information contained within the manual is not compromised.