Who retains ownership of the Devon Creek Manual, written directives, and other confidential communications?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 19.1.3 The Manual, written directives, and other materials and any other confidential 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.
- 19.1.4 Franchisor may from time to time revise the contents of the Manual and other materials created or approved for use in the operation of the Franchised Business.
Franchisee expressly agrees to comply with each new or changed policy, standard or directive.
In the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by Franchisor shall control.
- 19.1.5 If Franchisee loses, misplaces or otherwise requests a physical copy of the Manual, Franchisor, in its discretion, may provide such physical copy and Franchisee shall pay Franchisor the then-current replacement fee.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, the franchisor retains sole ownership of the Devon Creek Manual, written directives, and other confidential communications provided to the franchisee. Specifically, the manual, written directives, other materials, and any confidential communications provided or approved by Devon Creek remain the franchisor's property at all times.
As a Devon Creek franchisee, you must keep the Manual and all confidential materials in a safe and secure location and take reasonable measures to prevent unauthorized access, whether physical or electronic. Any theft or loss of the Manual must be reported to Devon Creek immediately. For computer and telecommunications networks, franchisees must use the latest firewall, encryption, and similar technology to prevent unauthorized access.
Upon request or the termination or expiration 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. Devon Creek may revise the contents of the Manual and other materials, and franchisees must comply with any new or changed policies. In case of any dispute, the master copy of the Manual maintained by Devon Creek will control. If a franchisee loses or misplaces a physical copy of the Manual, Devon Creek may provide a replacement copy at the franchisee's expense.