Are the advertising and promotional materials used in connection with a Fitstop franchise considered copyright material?

According to Fitstop's 2024 Franchise Disclosure Document, the advertising and promotional materials used in connection with a Fitstop franchise are considered copyright material. Fitstop, along with its affiliate Fitstop IP Pty Limited, claims common law copyright and trade secret protection for several aspects of the franchise system. This includes manuals, training materials, advertising, and business materials. Fitstop IP Pty Limited owns these intellectual property rights and licenses them to Fitstop.

As a Fitstop franchisee, you are granted access to information considered trade secrets and confidential. During and after the franchise term, you are prohibited from disclosing or using these trade secrets and copyrighted materials for the benefit of any other entity. You may only share confidential information with employees who need it to fulfill their job duties. These employees must sign a confidentiality agreement, which also benefits Fitstop as a third party, giving Fitstop independent enforcement rights.

Fitstop retains the right to modify or revise its copyrighted materials, and franchisees may be required to cease using outdated materials. Franchisees are responsible for printing any revised or new advertising, marketing, or other business materials. Additionally, any new concepts, processes, or improvements developed by a franchisee in the operation or promotion of the Fitstop system become the sole property of Fitstop. This includes all related intellectual property rights such as patents, trademarks, and copyrights. Franchisees must notify Fitstop of any such developments and provide all necessary information without compensation.