Are business plans considered confidential information for a Fitstop franchise?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
| Confidential Information | All confidential information and know-how relating to the administration and operation of a Fitstop franchised businesses including all systems, processes, procedures, software, databases, logos, manuals, advertising information and promotional materials (Confidential Information). |
|---|---|
| Other | Includes the telephone and facsimile numbers, email addresses and |
| internet domain names (including www.fitstop.com) and all other | |
| trade names, trademarks, reputation, know-how, techniques, | |
| systems and procedures, business plans, Customer Information, | |
| information technology process, hardware or programs and any | |
| computer software (including mobile applications) developed by or | |
| for the Franchisor. |
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 38–40)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, business plans are considered confidential information. The FDD specifies that confidential information includes all confidential information and know-how relating to the administration and operation of a Fitstop franchised business. This encompasses systems, processes, procedures, software, databases, logos, manuals, advertising information, and promotional materials.
Specifically, the FDD lists "business plans" under the category of "Other" confidential information. This category also includes telephone and facsimile numbers, email addresses, internet domain names (including www.fitstop.com), trade names, trademarks, reputation, know-how, techniques, systems and procedures, Customer Information, information technology process, hardware or programs, and any computer software (including mobile applications) developed by or for the Franchisor.
This means that a Fitstop franchisee must treat their business plans as confidential and protect them from unauthorized disclosure or use. This obligation extends both during the term of the Franchise Agreement and even after its termination. Franchisees are typically required to ensure that their employees who have access to confidential information also sign confidentiality agreements to protect Fitstop's proprietary information.