Where must a Devon Creek franchisee maintain the Manual and all of Franchisor's confidential and proprietary materials?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
nfidential communications provided or approved by Franchisor shall at all times remain the sole property of Franchisor. Franchisee shall maintain the Manual and all Franchisor's confidential and proprietary materials at all times in a safe and secure location, shall take all reasonable measures to prevent unauthorized access thereto, whether any attempted unauthorized access takes the form of physical access or access via computer or telecommunications networks or otherwise, and shall report the theft or loss of the Manual, or any portion thereof, immediately to Franchisor. At a minimum, Franchisee shall, in the case of computer and telecommunications networks, use the latest available firewall, encryption and similar technology to prevent unauthorized access. Franchisee shall delete all electronic copies, and return and cease using any physical copy of the Manual and other confidential and proprietary materials to Franchisor immediately upon request or upon transfer, termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, franchisees must maintain the Manual and all of Devon Creek's confidential and proprietary materials in a safe and secure location. This location must be protected against unauthorized access, whether physical or through computer/telecommunications networks. Franchisees are also required to report any theft or loss of the Manual, or any part of it, to Devon Creek immediately.
To secure computer and telecommunications networks, Devon Creek mandates that franchisees use the latest available firewall, encryption, and similar technologies to prevent unauthorized access. This reflects the increasing importance of cybersecurity in protecting sensitive business information. Franchisees bear the responsibility for implementing and maintaining these security measures at their own cost.
Upon request, or at the end of the franchise agreement, franchisees must delete all electronic copies and return any physical copies of the Manual and other confidential materials to Devon Creek. This ensures that Devon Creek retains control over its proprietary information and prevents its unauthorized use after the franchise relationship ends. In case of disputes regarding the Manual's contents, the master copy maintained by Devon Creek will be the controlling reference.