Does Fitstop consider software as Confidential Information?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
We claim proprietary trade secret rights in information like lists and files, and other compilations of information pertaining to the Franchise System, which information includes (a) our manuals and forms, the information contained and compiled in the manuals and forms, and the updates and memoranda relating to the manuals and forms; (b) names of our agents, suppliers, and customers, and their requirements, specifications, and preferences; (c) the contractual arrangements between us and our agents, suppliers, and customers; (d) the financial details (including but not limited to credit and discount terms) of our relationship with our agents, suppliers, or customers; (e) the names of prospective customers and their requirements, specifications, and preferences; (f) information concerning the remuneration paid by us to our employees; (g) our computer software and any part of its coding; (h) information concerning and presented at our meetings; (i) security and access information; (j) information provided through initial and ongoing specialized training; (k) our business plans and strategies; and (l) similar information.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, computer software is considered confidential information. Fitstop claims proprietary trade secret rights in information like lists and files, and other compilations of information pertaining to the Franchise System. This includes, but is not limited to, their computer software and any part of its coding.
As a Fitstop franchisee, you must recognize that the software you use to operate your franchise is considered a trade secret. This means you have a responsibility to protect the software and its coding from unauthorized use or disclosure. This obligation extends to all information about the operational, sales, promotional, and marketing methods and techniques of the Fitstop franchise system.
This classification as confidential information has important legal implications. If a franchisee violates the confidentiality provisions, Fitstop is entitled to seek injunctive relief in court to prevent further unauthorized use or disclosure. This underscores the importance of maintaining the confidentiality of Fitstop's software and other confidential information to protect the integrity of the franchise system.