What does Dog Haus consider to be proprietary and confidential information?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that the Dog Haus System is comprised of confidential information that has been developed by Franchisor and its affiliate by the investment of time, skill, effort and money and is widely recognized by the public, is of substantial value, and is proprietary, confidential and constitutes trade secrets of Franchisor and its affiliates, and includes, without limitation, tangible and intangible information (whether or not in electronic form) relating to Franchisor's business operations, products and services, recipes, sources of materials and equipment, client management and other software, data, other content, formulations, patterns, compilations, programs, devices and processes, business relationships, contact information for industry professionals, designs, developmental or experimental work and services, improvements, discoveries, plans for research, potential new or supplemental products and services, websites, advertisements or ancillary products and services, marketing and selling methods and/or plans, business plans, budgets and unpublished financial statements, licenses, prices and costs, vendors, collaborators, current customer and prospective customer names and addresses, information regarding credit extensions to customers, customer service purchasing histories and prices charged to customers, customer lists and other customer data, information regarding the skills and compensation of employees of Franchisor and contractors of Franchisor, designs, drawings, specifications, source code, object code, documentation, diagrams, flowcharts, research, development, marketing techniques and materials, trademarks, trade secrets, sales/license techniques, inventions, copyrightable material, trademarkable material, databases, relationships between Franchisor and other companies, persons or entities, knowledge or know-how concerning the methods of operation of the Franchised Restaurant which may be communicated to Franchisee, or of which Franchisee may be apprised, by virtue of Franchisee's operation of the Franchised Restaurant under the terms of this Agreement, and any other information or material considered proprietary by Franchisor whether or not designated as confidential information by Franchisor, that is not generally known by the public, or which derives independent economic value (actual or potential) from not being generally known to the public or persons unaffiliated with Franchisor or its affiliates and which is the subject of efforts by Franchisor that are reasonable under the circumstances to maintain its secrecy, and any other information in oral, written, graphic or electronic form which, given the circumstances surrounding its disclosure, would be considered confidential (collectively, the "Dog Haus Confidential Information").
Dog Haus Confidential Information does not include any information that was in the lawful and unrestricted possession of Franchisee prior to its disclosure by Franchisor; is or becomes generally available to the public by acts other than those of Franchisee after receiving it; has been received lawfully and in good faith by Franchisee from a third party who did not derive it from Franchisor or Franchisee; or is shown by acceptable evidence to have been independently developed by Franchisee.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 60–61)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the brand considers a wide array of information to be proprietary and confidential. This includes tangible and intangible information, whether in electronic form or not, related to their business operations, styles, products, and services. Specifically, this covers recipes, sources of materials and equipment, client management software, data, content, formulations, patterns, compilations, programs, devices, and processes.
Dog Haus also considers business relationships, contact information for industry professionals, developmental or experimental work, improvements, discoveries, research plans, potential new products/services, websites, advertisements, marketing methods/plans, business plans, budgets, unpublished financial statements, licenses, prices, costs, vendors, collaborators, customer names/addresses, credit extension information, customer service purchasing histories, customer lists, employee/contractor skills and compensation, designs, drawings, specifications, source/object code, documentation, diagrams, flowcharts, research, development, marketing materials, trademarks, trade secrets, sales/license techniques, inventions, copyrightable/trademarkable material, databases, relationships with other entities, the Dog Haus System, and any other material they deem proprietary, whether designated confidential or not, as confidential information. This information must not be generally known to the public and must derive independent economic value from its secrecy, with Dog Haus taking reasonable measures to maintain that secrecy.
For a prospective Dog Haus franchisee, this means that they will have access to a significant amount of sensitive business information that is critical to the operation of the franchise. However, it also means they are legally obligated to protect this information and prevent its unauthorized disclosure or use, both during and after the franchise agreement. Failure to maintain confidentiality could result in legal action from Dog Haus. The FDD also specifies that information already in the franchisee's possession, publicly available information, information received from a third party without ties to Dog Haus, or independently developed information is not considered confidential.