What information is considered 'Confidential Information' for a Dryject franchise?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) You, and persons controlling, controlled by or under common control with You, shall at all times use Your best efforts to keep confidential the Operations Manual, any other manuals or materials designated for use with Our System and such other information as We may designate for confidential use with Our System, as well as all other trade secrets, if any, and Confidential Information, knowledge and business know-how concerning the establishment or operation of the Franchised Business that may be imparted to, or acquired by, You in connection with this Agreement. You acknowledge that the unauthorized use or disclosure of such Confidential Information (and trade secrets, if any) will cause incalculable and irreparable injury to Us. Any and all information, knowledge and know-how, not generally known in the turf aeration business, about DryJect's products, equipment, services, standards, specifications, systems, procedures and techniques, and such other information or materials as We may designate as confidential, shall be deemed confidential and proprietary for purposes of this Agreement, except information that You can demonstrate came to Your attention prior to disclosure thereof by Us or that is or has become a part of the public domain through publication or authorized communication by others. The Operations Manual, any other manuals or materials designated for use with Our System, and all Confidential Information (and trade secrets, if any) shall at all times be deemed to be, and shall remain, Our sole property, and You shall acquire no rights, title or interest therein by virtue of Your authorization pursuant to this Agreement to possess and use them.
YOU ACKNOWLEDGE AND AGREE THAT OUR CONFIDENTIAL INFORMATION INCLUDES, BUT IS NOT LIMITED TO: THE TERMS AND CONDITIONS OF THIS AGREEMENT; THE CONTENTS OF THE OPERATIONS MANUALS, TRADE SECRETS WHICH INCLUDES CUSTOMER LISTS, AND ANY COMPONENT OF OUR SYSTEM THAT DOES NOT CONSTITUTE A TRADE SECRET BUT THAT OTHERWISE MEETS THE DEFINITION OF "CONFIDENTIAL INFORMATION."
The provisions of this Section shall survive any termination or expiration of this Agreement or any renewals thereof.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, several types of information are considered confidential. This includes the Operations Manual, any other manuals or materials designated for use with Dryject's system, and any other information that Dryject designates for confidential use with its system. This also extends to trade secrets, knowledge, and business know-how concerning the establishment or operation of the franchised business that may be imparted to, or acquired by, the franchisee in connection with the Franchise Agreement.
Specifically, Dryject considers any information, knowledge, and know-how not generally known in the turf aeration business about Dryject's products, equipment, services, standards, specifications, systems, procedures, and techniques as confidential. Customer lists are explicitly included as confidential information and Dryject's proprietary property. Franchisees must ensure their employees, agents, and independent contractors who have access to customer lists sign a confidentiality agreement.
Furthermore, the terms and conditions of the Franchise Agreement itself are considered confidential. Dryject emphasizes that unauthorized use or disclosure of confidential information and trade secrets will cause incalculable and irreparable injury to them. This obligation to maintain confidentiality survives any termination or expiration of the Franchise Agreement.