Is an Engineering For Kids franchisee allowed to copy the Brand Excellence Manual?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
"Works" means the Programs, Proprietary Materials and all other existing and future materials developed for use in connection with the Engineering For Kids System, regardless of who created the materials or the language or media in which they appear. You acknowledge that we are the sole owner of any and all copyrights in the Works and all rights, benefits, and goodwill derived therefrom. Your right to use the Works applies to the Franchised Business operated in your Territory during the term of this Agreement as expressly provided in this Agreement. You will not, during or after the term of this Agreement: (a) dispute our ownership of the copyrights in the Works; (b) challenge the validity of any copyrights in the Works; or (c) do anything by itself or aid, abet or assist others to perform acts which would infringe on the copyrights in the Works. At our request, you will deliver all Works created or developed by you or your employees and agents to us in a mutually-agreed electronic format.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to the 2025 Engineering For Kids FDD, franchisees are explicitly prohibited from copying the Brand Excellence Manual or any other materials related to the Engineering For Kids system. The franchise agreement states that Engineering For Kids owns all copyrights to the "Works," which includes programs, proprietary materials, and all other existing and future materials developed for use in connection with the Engineering For Kids system. Franchisees are only granted the right to use these "Works" during the term of their agreement and within their designated territory.
Specifically, franchisees agree not to dispute Engineering For Kids' ownership of the copyrights, challenge the validity of the copyrights, or assist others in infringing upon them. Upon request, franchisees must deliver all "Works" they created or developed to Engineering For Kids in an agreed-upon electronic format. This underscores that all materials related to the Engineering For Kids system remain the exclusive property of the franchisor.
Upon termination or expiration of the franchise agreement, franchisees must immediately return the Manual and all training materials, marketing materials, records, files, forms, instructions, signs, equipment, correspondence, copies, data, customer contracts, and other property containing confidential information or bearing the Proprietary Marks. Franchisees also agree not to retain any unauthorized copies of these materials. This obligation further reinforces the restriction against copying or retaining any part of the Brand Excellence Manual or other proprietary materials, ensuring that the Engineering For Kids system remains protected.
In practical terms, this means an Engineering For Kids franchisee must diligently protect the Brand Excellence Manual and all other proprietary materials. They can use these materials solely for operating their franchise during the agreement term, but cannot reproduce, distribute, or retain copies after the agreement ends. This is a standard practice in franchising to protect the brand's intellectual property and maintain consistency across all franchise locations.