Is the Fitstop Manual(s) considered confidential?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
es, promotional methods and techniques, and marketing methods and techniques of the Franchise System. 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. All such lists, files, other compilations of
information, and the information contained in such materials (whether or not denoted, labeled, or marked as confidential) is considered confidential and will be and remain our exclusive property, even if compiled or developed by you in connection with your business under this Agreement. You must provide us, upon our request, with a list of all customers you are servicing and copies of their respective contracts. You must not use or communicate, either during or after the term of this Agreement, the contents of any trade secrets or confidential information about the operation of the Franchise or of the Franchise System, except as provided for in this Agreement. You must also use all reasonable efforts to maintain this information as secret and confidential, and you must not duplicate, copy, record, or otherwise reproduce these materials, in whole or in part, or make them available to any unauthorized person without our written permission. Any effort to crack, hack, or otherwise disseminate this information will result in the immediate default of your Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the Fitstop manuals are considered confidential. Fitstop claims proprietary trade secret rights to information pertaining to the franchise system, which includes manuals and forms, the information contained within them, and any updates related to them.
As a Fitstop franchisee, you must treat the information in the manuals as confidential, taking precautions to prevent dissemination to the public, regardless of whether Fitstop formally marks the information as confidential. This obligation extends to any materials, concepts, processes, or improvements developed by the franchisee in the operation or promotion of the franchise, as these also remain Fitstop's property.
Furthermore, franchisees are obligated to collect member information as specified in the manuals and only in the manner outlined within them. This information cannot be stored externally and must be provided to Fitstop at the end of each calendar month or within 24 hours of a written request. This underscores the importance of adhering to the guidelines and protocols established in the Fitstop manuals to protect confidential and proprietary information.