Does Engineering For Kids retain ownership of all training materials provided to franchisees?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement and our other written instructions, then we will still defend you, but at your expense, against such third party claims, suits, or demands; and you agree to pay all of our expenses (including but not limited to attorney's fees) as and when we ask that you do so.
- 10.5.4. If we undertake the defense or prosecution of any litigation relating to the Proprietary Marks, you agree to execute any and all documents and do the things that our counsel deems
necessary to carry out such defense or prosecution (including, but not limited to, becoming a nominal party to any legal action).
10.6. Our Ownership and Your Right to Use the Works
"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.
11. BRAND EXCELLENCE MANUAL
We will furnish you with electronic access to our Brand Excellence Manual (the "Manual"), on loan, for as long as this Agreement or a successor agreement remains in effect. We reserve the right to furnish all or part of the Manual to you in electronic form or online and to establish terms of use for access to any restricted portion of our website. You acknowledge that we own the copyright in the Manual and that your copy of the Manual remains our property. You agree to treat the Manual, training materials, and any other manuals or materials created or approved by us for use with the System as secret and confidential. You agree not to copy, duplicate, record or otherwise reproduce the Manual or other materials provided by us, in whole or in part. In addition, you agree not to make any confidential information or materials supplied by us available to any unauthorized person.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to the 2025 Engineering For Kids Franchise Disclosure Document, Engineering For Kids retains ownership of all training materials. Specifically, Engineering For Kids owns the copyrights to the "Works," defined as the Programs, Proprietary Materials, and all other existing and future materials developed for use in connection with the Engineering For Kids system.
As a franchisee, your right to use these "Works" is limited to the operation of the franchised business within your territory and only during the term of the Franchise Agreement. You are prohibited from disputing Engineering For Kids's ownership of the copyrights, challenging their validity, or assisting others in infringing upon them.
Upon termination or expiration of the Franchise Agreement, the franchisee must deliver to Engineering For Kids the Manual and all training materials, marketing materials, records, files, forms, instructions, signs, equipment, correspondence, copies, Data, customer contracts and other property in your possession or control that contain confidential information. The franchisee must also cease using the Engineering For Kids name and Proprietary Marks. This obligation ensures that all confidential and proprietary information remains under the control of Engineering For Kids, protecting the integrity and uniformity of the franchise system.